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UNIVERSITY  OF  ILLINOIS 
LIBRARY 


Class 


Book  Volume 

H 


Ja  09-20M 


LAWS 


RELATIVE  TO 

QUARANTINE 


IN  THE 

PORT  OF  NEW  YORK. 


COMPILED  UNDER  THE  DIRECTION  OF  THE 
COMMISSIONERS  OF  QUARANTINE. 


NEW  YORK. 

F.  H.  PINNEY,  PUBLISHER,  STEAM  PRINTER  AND  STATIONER, 
Nos.  533,  535  and  537  Pearl  Street. 


1880. 


( a ( 


EXPLANATORY  NOTE. 


The  following  compilation  is  designed  to  present, 
in  a form  convenient  for  use  and  reference,  such  of 
the  existing  laws  relative  to  Quarantine  in  the  Port 
of  New  York  as  are  necessary  to  guide  the  quarantine 
authorities  in  the  discharge  of  their  duties.  It  em- 
braces the  genera]  Quarantine  Act  of  April  29th,  1863, 
as  amended  in  1864, 1865  and  1867,  and  the  special  Acts 
■^7  of  April  21st,  1866  and  April  22d,  1867,  together  with 
w portions  of  the  Appropriation  Acts  of  1868  and  1870, 
and  all  legislation  relating  to  the  quarantine  establish- 
ment (except  the  appropriations  for  salaries  of  Com- 
missioners of  Quarantine  for  1871,  1872,  and  for  1875 
to  1880)  from  1871  to  1880  inclusive. 


New  York,  May  15,  1880. 


&ommfejriw*r!$  of  (Qurantino 


THOMAS  C.  PLATT. 

DAVID  W.  JUDD.  JOHN  A.  NICHOLS. 


THOMAS  C.  PLATT,  President. 

DAVID  W.  JUDD,  Treasurer. 


KNOX  McAFEE,  Secretary  of  the  Board. 


FRANK  B.  MUNSELL,  Supt.  of  Quarantine. 


office  of  the  commissioners  : 
No.  82  BROADWAY,  N.  Y.  C. 


HEALTH  OFFICER  OF  THE  PORT  OF  NEW  YORK  : 

WILLIAM  M.  SMITH,  M.  D. 


HEALTH  OFFICER’S  RESIDENCE  : 

CLIFTON,  S.  I.,  N.  Y. 


CHAPTER  358. 


AN  ACT, 

ESTABLISHING  A QUARANTINE,  AND  DEFINING  THE  QUALI- 
FICATIONS, DUTIES  AND  POWERS  OF  THE  HEALTH  OFFI- 
CER FOR  THE  HARBOR  AND  PORT  OF  NEW  YORK. 

Passed  April  29,  1863  ; three-fifths  being  present. 

The  People  of  the  State  of  New  York , represented  in 
Senate  and  Assembly , do  enact  as  follows : 

Section  1.  Quarantine  for  the  protection  of  the  pub- 
lic health  according  to  the  provisions  of  this  Act,  is 
hereby  authorized,  required  and  established  in  and 
for  the  Port  of  New  York,  for  all  vessels,  their  crews, 
passengers,  equipage,  cargoes  and  other  property,  on 
board  the  same,  arriving  thereat  from  other  ports. 

THE  QUARANTINE  ESTABLISHMENT. 

§ 2.  The  Quarantine  establishment  shall  consist  of : 
first,  warehouses,  wet  docks  and  wharves ; second, 
anchorage  for  vessels;  third,  floating  hospital;  fourth, 
boarding  station  ; fifth,  burying  ground  ; sixth,  resi- 
dence for  officers  and  men. 


6 


WAREHOUSES,  WET  DOCKS  AND  WHARVES. 

§ 3.  The  warehouses,  wet  docks  and  wharves,  to- 
gether with  appropriate  appurtenances  for  unlading 
and  storing  cargoes,  and  such  facilities  as  will  enable 
merchants  to  overhaul  and  refit  vessels  while  in  quar- 
antine, shall  be  constructed  at  such  expense,  and  in 
such  place  in  the  lower  bay  of  New  York,  not  on 
Staten  Island,  Long  Island,  or  Coney  Island,  as  the 
Quarantine  Commissioners  may  determine,  with  the 
approval  of  the  Commissioners  of  the  Land  Office. 

§ 4.  The  warehouses  shall  be  of  such  capacity  only 
as  will  secure  the  best  natural  ventilation  consistent 
with  security  for  merchandise,  but  in  the  aggregate 
they  shall  be  of  a capacity  equal  to  the  storage  of  fifty 
medium-sized  cargoes ; and  they  shall  have  connected 
with  them  apartments  with  suitable  appliances  for 
special  disinfection  by  forced  ventilation,  refrigera- 
tion, high  steam,  dry  heat  and  chemical  disinfection. 

§ 5.  The  wharves  shall  be  constructed  with  due  re- 
gard to  safety  and  protection  for  vessels,  and  suffi- 
ciently extensive  to  admit  of  the  safe  moorage  of  at 
least  four  vessels  of  the  largest  size  at  the  same  time. 
There  shall  be  two  wet  docks,  each  one  capable  of 
admitting  a ship  of  the  largest  size. 

ANCHORAGE. 

§ 6.  The  anchorage  for  vessels  under  quarantine 


7 


shall  be  in  the  lower  bay,  distant  not  less  than  two 
miles  from  the  nearest  shore,  and  within  an  area  to  be 
designated  by  buoys  by  the  Quarantine  Commission- 
ers and  Health  Officer. 

FLOATING  HOSPITAL. 

§ 7.  The  Floating  Hospital  shall  be  constructed 
with  special  reference  to  the  purposes  of  a hospital, 
and  with  a capacity  sufficient  to  accommodate  one 
hundred  patients.  From  the  first  day  of  May,  to  the 
first  day  of  November,  that  Floating  Hospital  shall  be 
anchored  in  the  lower  bay,  not  less  than  two  miles  dis- 
tant from  the  nearest  portion  of  the  quarantine  anchor agey 
and  from  the  nearest  shore.  From  the  first  day  of 
November  to  the  first  day  of  May,  the  Floating  Hos- 
pital may  be  moored  at  the  quarantine  wharves,  or 
other  secure  place,  subject  to  the  discretion  of  the 
Commissioners  of  Quarantine. 

BOARDING  STATION. 

§ 8.  The  boarding  station  for  vessels  from  any  place 
where  disease  subject  to  quarantine  existed  at  the  time 
of  their  departure,  or  which  shall  have  stopped  at  any 
such  place  on  their  voyage,  or  on  board  of  which,  dur- 
ing the  voyage,  any  case  of  such  disease  shall  have 
occurred,  arriving  between  the  first  day  of  April  and 
the  first  day  of  November,  shall  be  in  the  lower  bay 


8 


below  the  Narrows,  and  consist  of  the  vessel  at  pres- 
ent used  as  a Floating  Hospital,  or  such  other  vessel 
as  may  hereafter  be  provided,  to  be  anchored  in  such 
proximity  to  the  Floating  Hospital  and  the  channel  as 
will  afford  the  greatest  despatch  in  boarding  and  di- 
recting vessels  as  soon  as  practicable  after  their  ar- 
rival ; and  said  station  shall  be  provided  with  all 
necessary  appurtenances  for  personal  cleanliness  and 
the  purification  of  personal  baggage;  and  all  such  ves- 
sels, immediately  on  their  arrival,  shall  anchor  near 
such  boarding  station,  within  the  quarantine  anchor- 
age, specified  in  section  six  of  this  Act,  and  there  re- 
main, with  all  persons  arriving  thereon,  subject  to 
the  provisions  of  this  Act  and  of  the  Act  hereby 
amended.* 

WHAT  VESSELS  SUBJECT  TO  QUAE  AN  TINE. 

§ 9.  Vessels  arriving  at  the  port  of  New  York  shall 
be  subject  to  quarantine  as  follows  : 1st.  All  vessels 
from  any  place  where  disease,  subject  to  quarantine, 
existed  at  the  time  of  their  departure,  or  which  shall 
have  arrived  at  any  such  place,  and  proceeded  thence 
to  New  York,  or  on  board  of  which  during  the  voyage, 
any  case  of  such  disease  shall  have  occurred,  arriving 
between  the  first  day  of  April  and  the  first  day  of  No- 
vember, shall  remain  at  quarantine  for  at  least  thirty 


* As  amended  by  Sec.  1 of  Chap.  592  of  the  Laws  of  1865. 


9 


days  after  their  arrival,  and  at  least  twenty  days  after 
their  cargo  shall  have  been  discharged,  and  shall  per- 
form such  and  further  quarantine  as  the  Quarantine 
Commissioners  may  prescribe,  unless  the  Health  Offi- 
cer, with  the  approval  of  the  Quarantine  Commission- 
ers shall  sooner  grant  a permit  for  said  vessel  or  cargo, 
or  both  to  proceed.  2d.  From  any  place  (including 
islands)  in  Asia,  Africa,  or  the  Mediterranean,  or  from 
any  of  the  West  Indies,  Bahama,  Bermuda,  or  Western 
Islands,  or  from  any  place  in  America,  in  the  ordinary 
passage  from  which  they  pass  south  of  Cape  Henlo- 
pen,  and  all  vessels  on  board  of  which,  during  the 
voyage,  or  while  at  the  port  of  their  departure,  any 
person  shall  have  been  sick,  arriving  between  the  first 
day  of  April  and  the  first  day  of  November,  and  all 
vessels  from  a foreign  port,  not  embraced  in  the  first 
subdivision  of  this  section,  shall,  on  their  arrival  at 
the  quarantine  ground,  be  subject  to  visitation  by  the 
Health  Officer,  but  shall  not  be  detained  beyond  the 
time  requisite  for  due  examination  and  observation, 
unless  they  shall  have  had  on  board,  during  the  voy- 
age, some  case  of  quarantinable  disease,  in  which  case 
they  shall  be  subject  to  such  quarantine  and  regula- 
tions as  the  Health  Officer  and  the  Quarantine  Com- 
missioners may  prescribe.  3d.  All  vessels  embraced 
in  the  foregoing  provisions,  which  are  navigated  by 
steam,  shall  be  subject  only  to  such  length  of  quar- 
antine and  regulations  as  the  Health  Officer  shall  en- 


10 


join,  unless  they  shall  have  had  on  hoard  during  the 
voyage  some  case  of  quarantinable  disease,  in  which 
case  they  shall  be  subject  to  such  quarantine  as  the 
Health  Officer  and  the  Quarantine  Commissioners 
shall  prescribe. 

VACCINATION. 

§ 10.  Persons  with  insufficient  evidence  of  effective 
vaccination,  and  known  to  have  been  recently  exposed 
to  small  pox,  shall  be  vaccinated  as  soon  as  practica- 
ble, and  detained  until  the  vacinia  shall  have  taken 
effect.  No  other  well  persons  shall  be  detained  in 
quarantine  any  longer  than  necessary  to  secure  clean- 
liness. Such  vaccination  and  disposal  of  persons 
vaccinated  shall  be  made  under  regulations  to  be  fixed 
by  the  Quarantine  Commissioners  and  Health  Officer. 
Persons  having  small-pox  shall  be  disposed  of  in  the 
same  manner  as  is  done  under  existing  laws. 

WHAT  DISEASES  ARE  QUARANTINABLE. 

§ 11.  The  only  disease  against  which  quarantine 
shall  apply  are,  yellow  fever,  cholera,  typhus  or  ship 
fever,  and  small-pox,  and  any  new  disease  not  now 
known,  of  a contagious,  infectious  or  pestilential  na- 
ture, at  the  discretion  of  the  Quarantine  Commission- 
ers and  Health  Officer. 


11 


CLASSES  OF  MERCHANDISE  SUBJECT  TO  QUARANTINE. 

§ 12.  For  the  purpose  of  sanitary  measures,  mer- 
chandise shall  be  arranged  in  three  classes  : 

1.  Merchandise  to  be  submitted  to  an  obligatory 
quarantine  and  to  purification. 

2.  Merchandise  subject  to  an  optional  quarantine  • 
and, 

3.  Merchandise  exempt  from  quarantine. 

The  first  class  comprises  clothing,  personal  baggage 
and  dunnage,  rags,  paper  rags,  hides,  skins,  feathers, 
hair,  and  all  other  remains  of  animals,  cotton  hemp 
and  woolens.  The  second  class  comprehends  sugar, 
silks,  and  linen  and  cattle.  The  third  class  compre- 
hends all  merchandise  not  enumerated  in  the  other 
two  classes. 

MERCHANDISE — HOW  DISPOSED  OF. 

§ 13.  With  existing  quarantinable  disease  on  board, 
or  if  there  have  been  any  such  disease  on  board 
within  the  ten  days  last  preceding,  merchandise  of 
the  first  class  shall  be  landed  at  the  quarantine  ware- 
house. Merchandise  of  the  second  class  may  be  ad- 
mitted to  pratique  immediately,  or  transferred  to  the 
warehouses,  according  to  circumstances,  at  the  option 
of  the  Health  Officer,  with  due  regard  to  the  sanitary 
conditions  of  the  port.  Merchandise  of  the  third 


12 


class  shall  be  declared  free,  and  admitted  without 
unnecessary  delay. 

LETTERS  AND  PAPERS — PURIFICATION  OF. 

§ 14.  In  all  cases  where  there  has  been  quarantina- 
ble  disease  on  board  during  the  voyage,  letters  and 
papers  shall  be  submitted  to  the  usual  purifications  ; 
but  with  such  precautions  as  not  to  affect  their  legi- 
bility; articles  of  merchandise  or  other  things  not 
subject  to  purifying  measures  in  an  envelope  officially 
sealed,  shall  be  immediately  admitted  to  pratique, 
whatever  may  be  the  condition  of  the  vessel;  and  if 
the  envelope  is  of  a substance  considered  as  optional, 
its  admission  shall  be  equally  optional. 

DETENTION  OF  VESSELS  AND  CARGOES. 

§ 15.  If  a vessel,  though  not  having  had  during  the 
voyage  any  case  of  quarantinable  disease,  yet  be 
found  in  a condition  which  the  Health  Officer  shall 
deem  dangerous  to  the  public  health,  the  vessel  and 
cargo  shall  be  detained  until  the  case  shall  have  been 
considered;  the  decision  of  the  Health  Officer,  how- 
ever, in  all  such  cases  shall  be  rendered  within 
twenty-four  hours.  Vessels  in  an  unhealthy  state, 
whether  there  has  been  sickness  on  board  or  not, 
shall  not  be  allowed  pratique  until  they  shall  have 
been  broken  out,  duly  cleansed  and  ventilated. 


13 


SANITARY  MEASURES  —WHAT  KIND  MAY  BE  RESORTED  TO . 

§ 16.  If,  in  the  judgment  of  the  Health  Officer,  a 
vessel  require  it,  he  may  order  the  following  sanitary 
measures  : Baths  and  other  bodily  care  for  the  per- 
son; washing  or  other  disinfecting  means  for  cloth- 
ing; displacement  of  merchandise  on  board,  or  com- 
plete breaking  out;  subjection  to  high  steam, 
incineration,  or  submersion  at  a distance  below  the 
surface  of  the  water,  fbr  infected  articles ; the 
destruction  of  tainted  or  spoiled  food  or  beverages  ; 
the  complete  ejection  of  water  ; thorough  cleansing 
of  the  hold,  and  the  disinfection  of  the  well.  In 
short,  the  complete  purification  of  the  vessel  in  all 
her  parts,  by  the  use  of  steam,  fumigation,  force- 
pumps,  rubbing  or  scraping,  and  finally  sending  to 
quarantine  anchorage  until  disinfection  be  perfected. 
Whenever  these  divers  operations  are  necessary,  they 
shall  always  be  executed  before  admission  to  pra- 
tique. 

ADMISSION  OP  VESSELS  TO  PRATIQUE. 

§ 17.  Admission  to  pratique  shall  be  preceded  by 
as  many  visits  to  the  vessel  as  the  Health  Officer  may 
judge  necessary. 

RESTRICTION  ON  PUTTING  VESSELS  IN  QUARANTINE. 

§ 18.  No  vessel  shall  be  put  in  quarantine  without 


14 


a stated  decision  of  tlie  Health  Officer,  and  the  cap- 
tain or  master  of  the  vessel  shall  be  informed  thereof 
immediately  after  his  decision,  and  no  vessel  subject 
to  quarantine  shall  depart  therefrom  without  the 
written  permission  of  the  Health  Officer,  and  such 
permit  shall  be  delivered  by  the  master  of  the  vessel 
to  the  Mayor  of  the  City  of  New  York,  or  the  Mayor 
of  the  City  of  Brooklyn,  according  to  the  destination 
of  such  vessel,  within  twenty-four  hours  after  said 
permit  shall  be  received  by  said  master.  * 

: 

VESSELS  MAY  PUT  TO  SEA — WHEN. 

§ 19.  A vessel  shall  have  the  right,  before  breaking 
bulk,  of  putting  to  sea  in  preference  to  being  qua- 
rantined ; in  the  exercise  of  this  right,  if  the  vessel 
have  not  arrived  at  her  port  of  destination,  the  bill 
of  health  shall  be  returned  ; the  Health  Officer,  how- 
ever, shall  mention  upon  said  bill  the  length  and 
circumstances  of  the  detention,  and  the  condition  of 
the  vessel  upon  re-putting  to  sea  ; but  before  the 
exercise  of  this  right,  the  Health  Officer  must  satisfy 
himself  that  the  sick  of  such  vessel  will  be  taken 
care  of  for  the  remainder  of  the  voyage,  and  take 
care  of  such  sick  as  prefer  to  remain. 


* As  amended  by  Sec.  2 of  Chap.  592  Of  the  Laws  of  1865. 


15 


INFECTED  VESSELS — MEASURES  TO  BE  ADOPTED  ON  THEIE 
ARRIVAL. 

§ 20.  On  arrival  of  infected  vessels,  all  well  persons 
shall  have  their  freedom  as  soon  as  possible,  consist- 
ently with  the  foregoing  regulations  ; sick  persons 
shall  be  immediately  transferred  to  the  floating  hos- 
pital, or  other  hospitals  appropriated  for  their  recep- 
tion, and  the  vessel  unladen,  purified  and  admitted 
to  pratique  as  soon  as  possible.  All  merchandise 
shall  be  placed  in  the  warehouses,  and  there  freely 
exposed  to  the  air,  and  moved  from  time  to  time  to 
insure  its  perfect  ventilation.  In  no  case  shall  per^ 
sons  sick  with  different  diseases  be  put  in  the  same 
hospital. 

DISPOSITION  OF  MERCHANDISE. 

§ 21.  Merchandise  coming  from  different  vessels 
and  places,  and  at  different  times  in  quarantine, 
shall  be  kept  separate  and  placed  as  much  as  practi- 
cable in  different  warehouses. 

PURIFICATION  OF  MERCHANDISE. 

§ 22.  Merchandise  shall  be  submitted  to  such 
measures  of  purification  as  the  Health  Officer  shall 
judge  necessary ; no  putrefied  animal  substances,  or 
substances  likely  to  putrefy,  shall  be  admitted  into 


16 


the  warehouses;  all  such  substances  shall  be  ren- 
dered inoxious  or  destroyed. 

PURIFICATION  OF  CLOTHES,  ETC. 

§ 23.  The  clothes  and  dunnage  contaminated  with 
infection  of  different  diseases  shall  be  purified  in 
different  places. 

YELLOW  FEVER,  TYPHUS  OR  SHIP  FEVER,  SMALL-POX,  AND 
CHOLERA. 

§ 24.  The  Floating  Hospital  shall,  from  the  first 
day  of  April  to  the  first  day  of  November,  be  appro- 
priated exclusively  to  the  care  of  persons  sick  with 
yellow  fever;  from  the  first  day  of  November  to  the 
first  day  of  April,  the  Floating  Hospital  may  be  used 
for  the  care  of  typhus  or  ship  fever;  and,  until  per- 
manent provision  shall  be  otherwise  made  by  law, 
small- pox  patients  shall  be  sent  to,  and  supported, 
as  at  present,  at  Blackwell’s  Island ; and  typhus  or 
ship  fever  patients  shall  be  sent  to,  and  supported, 
as  at  present,  at  Ward’s  Island;  and  cholera  patients 
shall  be  provided  for  by  the  Commissioners  of  Quar- 
antine, in  such  manner  as  they  may  determine,  and 
occasion  shall  demand. 

HEALTH  OFFICER— HOW  APPOIN3&D. 

§ 25,  A Health  Officer  for  the  Port  of  New  York 


17 


shall  be  nominated  by  the  Governor,  and  appointed 
by  him,  with  the  consent  of  the  Senate,  and  shall 
hold  his  office  for  the  term  of  two  years,  and  until  a 
successor  in  such  office  shall  be  duly  qualified ; pro- 
vided, however,  that  no  one  shall  be  appointed  a 
Health  Officer  except  a doctor  of  medicine,  of  good 
standing,  and  of  at  least  ten  years’  experience  in  the 
practice  of  his  profession,  and  who  shall  also  be 
practically  familiar  with  the  diseases  subject,  by  this 
Act,  to  quarantine;  nothing  in  this  section  contained 
shall  authorize  the  Governor  to  appoint  a Health 
Officer  during  the  recess  of  the  Senate,  except  in  case 
of  a vacancy  by  death  or  resignation. 

DUTIES  OF  HEALTH  OFFICER 

§ 26.  It  shall  be  the  duty  of  the  Health  Officer  to 
reside  at  such  convenient  place  for  the  boarding  of 
vessels  as  the  Commissioners  of  Quarantine  may  de- 
termine, and  to  have  the  general  superintendence 
and  control  of  the  quarantine  establishment,  and  the 
care  and  treatment  of  the  sick,  and  to  carry  out  all 
the  provisions  of  this  Act.  And  he  shall  have  power 

TO  ADMINISTER  OATHS. 

1.  To  administer  oaths  and  take  affidavits  in  all 
examinations  prescribed  by  this  Act,  and  in  relation 
to  any  alleged  violation  of  quarantine  law  or  regula- 


18 


tion;  such  oaths  to  have  the  like  validity  and  effect 
as  oaths  administered  by  a commissioner  of  deeds. 

POLICE. 

2.  At  all  times  to  call  upon  the  police  force  of  the 
Metropolitan  Police  District  to  a number  not  exceed- 
ing ten,  to  aid  him  upon  any  necessary  emergency  in 
enforcing  the  powers  and  duties  conferred  upon  him 
by  this  Act ; and  it  shall  thereupon  become  the  duty 
of  any  such  member  of  the  police  force  so  called  upon 
to  obey  him  ; but  such  service  shall  not  continue 
longer  than  twenty-four  hours. 

ARREST  AND  PUNISHMENT  OF  OFFENDERS. 

3.  To  direct,  in  writing,  any  constable  or  other 
citizen  to  pursue  and  apprehend  any  person  who 
shall  violate  any  quarantine  law  or  regulation,  or 
who  shall  obstruct  the  Health  Officer  in  the  perform- 
ance of  his  duty,  and  deliver  him  over  to  the  said 
officer,  to  be  detained  at  quarantine  until  discharged 
by  such  officer,  but  such  confinement  shall  in  no 
case  exceed  ten  days;  and  it  shall  be  the  duty  of  the 
constable  or  other  citizen  so  directed  to  obey  such 
directions;  and  every  person  violating  the  quarantine 
laws  or  regulations,  or  obstructing  the  Health  Officer, 
shall  be  considered  guilty  of  a misdemeanor,  pun- 
ishable by  a fine  of  not  less  than  one  hundred,  nor 


19 


more  than  five  hundred  dollars,  or  by  imprisonment 
not  less  than  three  months,  or  more  than  six  months. 


MAY  SELECT  NUESES,  ETC.,  AND  LICENSE  LIGHTEEMEN,  ETC. 

4.  To  select,  and  appoint,  and  dismiss  at  pleasure, 
as  many  nurses,  boatmen  and  other  employees  of  the 
Floating  Hospital  and  boarding  station  as  may  be 
found  necessary  for  the  care  and  proper  treatment  of 
tne  inmates  thereof;  and  also,  and  in  conjunction 
with  the  Quarantine  Commissioners,  to  license  light- 
ermen, stevedores,  laborers  and  other  employees,  as 
may  be  found  necessary  for  the  care  and  purification 
of  vessels,  merchandise,  baggage,  dunnage,  &c.,  in 
quarantine  ; ibutThe  compensation  of  all  persons  so“ 
employ  eoshall  be  fixed  and  determined  by  the  Com-  J 
[ missioners  of  Quarantine.*  I 




HIS  DEPUTIES. 


5.  To  select,  appoint  and  dismiss  at  pleasure,  two 
Assistant  or  Deputy  Health  Officers,  for  whose  con- 
duct he  shall  be  responsible,  and  who  may  perform, 
subject  to  his  direction,  all  the  duties  required  of  the 
Health  Officer. 


* Modified  by  Chap.  492,  Laws  of  1870.  See  P.  59. 


20 


OATH  OF  OFFICE. 

§ 27.  It  shall  be  the  duty  of  the  Health  Officer,  and 
his  assistants  and  deputies — 

1.  To  take  and  subscribe  the  oath  of  office  pre- 
scribed in  article  twelve  of  the  Constitution  of  the 
State  of  New  York. 


BOARDING  VESSELS. 

2.  To  board  every  vessel  subject  to  quarantine  or 
visitation  by  him,  as  soon  as  practicable  after  her 
arrival,  between  sunrise  and  sunset  ; to  inquire  as  to 
the  health  of  all  persons  on  board,  and  the  condition 
of  the  vessel  and  cargo,  by  inspection  of  the  bill  of 
health,  manifest,  log-book,  or  otherwise  ; to  examine, 
on  oath,  as  many  and  such  persons  on  board  as  he 
may  judge  expedient  to  enable  him  to  determine  the 
period  of  quarantine  and  the  regulations  to  which' 
such  vessel  and  her  cargo  shall  be  made  subject ; and 
to  report  the  facts  and  his  conclusions,  and  especially 
to  report  the  number  of  persons  sick,  and  the  nature 
of  the  disease  with  which  they  are  afflicted,  to  the 
Quarantine  Commissioners.* 


*As  amended  by  Sec.  4 of  Chap.  592  of  the  Laws  of  1865. 


21 


BURIAL  OF  DECEASED  PERSONS. 

3 . To  exercise  dispatch  in  the  disposal  of  persons 
arriving  in  infected  vessels,  to  have  the  bodies  of  per- 
sons who  have  died  of  malignant  diseases  on  board 
of  infected  vessels  arriving,  and  such  as  shall  have 
died  in  the  Floating  Hospital,  interred  in  the  quar- 
antine burying  ground  near  Seguine’s  point ; and  to 
proceed,  without  delay,  in  the  purification  of  vessels, 
merchandise,  baggage,  dunnage,  and  other  articles 
in  quarantine  ; and  whenever  he  shall  judge  the 
same  free  from  infection,  to  permit  the  removal 
thereof.  No  vessel  or  cargo,  however,  that  has  been 
in  quarantine,  shall  be  permitted  to  proceed  to  New 
York  or  Brooklyn  without  the  approval  of  the  Mayor 
or  Board  of  Health  of  those  cities  respectively. 

EFFECTS  OF  DECEASED  PERSONS. 

4.  To  secure  the  effects  of  deceased  persons,  in 
quarantine,  from  waste  and  embezzlement,  and  make 
a true  inventory  thereof,  and  when  the  rightful  claim- 
ants of  such  effects  do  not  appear  within  three 
months,  to  deliver  the  same,  with  such  inventory,  to 
the  Public  Administrator  of  the  City  of  New  York, 
unless  the  said  property  be  of  such  description  as 
ought  not  to  be  removed  or  may  be  destroyed  under 
the  provisions  of  this  Act.* 


*As  amended  by  Sec.  5 of  Chap.  592  of  the  Laws  of  1865. 


22 


5.  To  keep  the  Boards  of  Health  of  New  York  and 
Brooklyn  at  all  times  informed  of  the  number  of  ves- 
sels in  quarantine,  of  the  number  of  persons  sick  in 
the  Floating  Hospital,  and  of  the  diseases  with  which 
they  are  afflicted. 

6.  To  receive  any  vessel  or  merchandise  sent  to  him 
by  the  health  authorities  of  New  York  or  Brooklyn, 
dangerous  to  the  public  health. 

CASES  OF  YELLOW  FEVER. 

7.  To  receive  into  the  Floating  Hospital  any  case  of 
yellow  fever  that  shall  have  been  contracted  in  quar- 
antine establishment  or  elsewhere. 

YELLOW  FLAG. 

8.  To  have  all  vessels,  warehouses  and  merchandise 
in  quarantine  designated  by  a yellow  flag ; and  to 
prohibit  communication  with,  or  passage  within  range 
of,  such  vessels  and  places,  except  under  such  re- 
strictions as  he  may  designate  as  being  compatible 
with  safety. 

SPECIAL  POWERS  OF  THE  HEALTH  OFFICER  TO  EMPLOY 
ASSISTANCE. 

§ 28.  Whenever  the  Health  Officer,  in  the  perform- 


23 


ance  of  his  duties,  and  in  the  execution  of  the 
powers  imposed  and  conferred  upon  him  by  law,  or 
by  any  regulation  or  ordinance  made  in  pursuance  of 
any  statute  of  this  State,  shall  order  or  direct  the 
master,  owner  or  consignee  of  any  vessel  subject  to 
quarantine  to  do  any  act  or  thing,  or  comply  with  any 
regulation,  relative  to  said  vessel,  or  to  any  person  or 
thing  on  board  thereof,  and  said  master,  owner  or 
consignee  shall  neglect  or  refuse  to  comply  with  such 
order  or  direction,  the  said  Health  Officer  shall  have 
power  to  employ  such  persons  and  assistance  as  may 
be  necessary  to  carry  out  and  enforce  such  order  and 
direction,  and  the  persons  so  employed  shall  have  a 
lien  on  such  vessel,  her  tackle,  apparel  and  furniture, 
for  their  services  and  expenses. 


LIGHTERMEN  MAY  BE  EMPLOYED  BY  CAPTAINS  OR  OWNERS. 

HOW. 

§ 29.  The  Health  Officer,  in  the  lighterage,  steve- 
dorage  and  storage  of  vessels  and  merchandise  in 
quarantine,  may  permit  the  captains  and  owners  to 
employ  lighterage  and  men  on  their  own  account ; 
aU  Persons  so  employed,  however,  shall  be  subject  to 
the  same  restrictions  for  the  protection  of  the  public 
health  as  those  who  may  be  licensed  for  the  same  ser- 
vices by  the  Heath  Officer  and  Commissioners. 


24 


WHAT  EXPENSES  AND  SERVICES  TO  BE  PAID  EOR  BY  MAS- 
TERS OF  VESSELS  AND  OTHERS. 

§ 30.  Whenever  any  expense  shall  be  incurred  by 
the  Health  Officer,  or  whenever  any  services  shall  be 
rendered  by  him  or  his  employees  in  the  discharge 
of  the  duties  imposed  upon  him  by  law,  in  relation 
to  vessels,  merchandise,  baggage,  dunnage,  persons 
or  burials  under  quarantine,  such  expenses  and  ser- 
vices shall  be  paid  for,  to  the  Health  Officer,  by  the 
masters  of  the  vessels  for  which  such  expenses  shall 
have  been  incurred  or  the  services  shall  have  been 
rendered,  or  in  which  the  merchandise,  baggage,  dun- 
nage and  persons  shall  have  arrived.  Persons  con- 
veyed to  or  from  the  quarantine  establishment  in  the 
steamboat  hereinafter  mentioned  shall  pay  the  Health 
Officer  for  such  transportation  individually,  except  in 
cases  where  they  shall  be  conveyed  for  the  master  of 
a vessel,  in  which  case  the  master  shall  pay  for  the 
same.  The  storage  of  all  merchandise  in  the  quar- 
antine warehouses  shall  be  paid  for  by  the  owners  or 
consignees  to  the  Quarantine  Commissioners  on 
delivery,  and  the  use  of  the  wet  dock  for  overhauling 
and  repairing  vessels  shall  be  paid  for  to  said  Com- 
missioners, by  the  captains  or  owners  of  the  vessels 
using  them.  The  charges  for  each  and  all  of  said 
services,  in  this  section  mentioned,  and  storage,  and 
the  use  of  said  wet  docks,  shall  be  fixed  and  deter- 
mined upon  by  said  Commissioners.  And  nothing 


25 


in  this  section  contained  shall,  in  any  manner,  im- 
pair or  reduce  the  liability  and  duty  of  the  said 
Health  Officer  to  pay  the  salaries,  wages  and  expenses 
imposed  upon  him  by  the  fifty -third  section  of  the 
Act  hereby  amended.  * 


EXPENSES  AND  SERVICES — HOW  COLLECTED. 

I 

§ 31 . The  expenses,  services  and  charges  specified 
in  the  last  preceding  section  shall  be  a lien  on  the 
vessels,  merchandise,  or  other  property,  in  relation 
to  which  such  expenses  and  charges  shall  have  been 
made,  or  such  services  shall  have  been  rendered  ; 
and  it  shall  be  the  duty  of  the  Health  Officer  to  render 
an  account,  payable  to  the  Quarantine  Commission- 
ers, to  all  masters,  owners  or  consignees,  liable  to  pay 
any  charges  to  said  Commissioners,  according  to  the 
provisions  of  said  section,  as  soon  as  practicable, 
after  such  liability  shall  have  accrued  ; and  if  such 
master,  owner  or  consignee  shall  omit  to  pay  the 
same  within  three  days  after  said  account  shall  have 
been  rendered,  said  Commissioners  may  proceed  to 
enforce  said  lien,  or  they  may  have  and  maintain  an 
action  against  the  master,  owners,  or  consignees  of 


*As  amended  by  Sec.  6 of  Chap.  592  o the  Laws  of  1865. 


26 


such  vessel,  or  the  owners  or  consignees  of  such  mer- 
chandise or  property,  and  each  and  every  one  of 
them,  to  recover  the  amount  of  such  expenses,  ser- 
vices and  charges  ; and  the  Health  Officer  shall  have 
the  like  remedy  as  is  given  to  said  Commissioners  to 
recover  for  any  expenses  or  services  which  are  made 
payable  to  him,  according  to  the  provisions  of  said 
section,  in  case  the  same  shall  remain  unpaid  for  the 
period  of  three  days  after  the  payment  thereof  shall 
have  been  demanded  by  him.  In  the  case  of  pas- 
sengers, however,  for  whom  expenses  shall  have  been 
incurred  under  quarantine,  the  master  of  the  vessel 
in  which  such  passengers  arrived  may  recover  from 
them  the  amount  of  the  expenses  incurred  on  their 
account.  And  until  all  the  expenses,  services  and 
charges  specified  in  said  last  preceding  section,  and 
for  which  a lien  is  created  by  this  section,  shall  be 
paid,  the  vessel,  cargo,  and  other  property  shall  be 
held  in  quarantine  ; provided,  however,  that  such 
vessel,  cargo,  or  other  property,  shall  not  be  held  in 
quarantine  for  non-payment  thereof,  if  the  master, 
owner  or  consignee  thereof  shall  execute  and  deliver 
to  the  said  Commissioners  of  Quarantine,  a bond, 
with  sufficient  sureties,  to  be  approved  by  them,  con- 
ditioned for  the  payment  of  such  expenses,  charges 
and  services  within  ten  days  thereafter.  * 


*As  amended  by  Sec.  7 of  Chap.  592  of  the  Laws  of  1865. 


27 


DUTIES  AND  LIABILITIES  OF  MASTERS  OF  VESSELS. 

§ 32.  Every  master  of  a vessel  subject  to  visitation 
by  the  Health  Officer,  who  shall  refuse  or  neglect 
either  : 

1.  To  proceed  with,  and  anchor  his  vessel  at  the 
place  assigned  at  the  time  of  his  arrival;  or, 

2.  To  submit  his  vessel,  cargo,  crew  and  passen- 
gers to  the  examination  of  the  Health  Officer,  and  to 
furnish  all  necessary  information  to  eDable  that 
officer  to  determine  to  what  measures  they  ought 
respectively  to  be  subject;  or, 

3.  To  remain  with  his  vessel  at  quarantine  during 
the  period  assigned  by  the  Health  Officer,  and,  while 
at  quarantine,  to  comply  with  the  directions  and  re- 
gulations prescribed  by  law,  and  with  such  as  any  of 
the  officers  of  health,  by  virtue  of  the  authority  given 
to  them  by  law,  shall  prescribe  in  relation  to  his  ves- 
sel, his  cargo,  himself,  his  crew  or  passengers,  shall 
be  guilty  of  a misdemeanor,  and  be  punished  by  a 
fine  not  exceeding  two  thousand  dollars,  or  by  im- 
prisonment not  exceeding  twelve  months,  or  both  by 
such  fine  and  imprisonment. 

§ 33.  Every  master  of  a vessel,  hailed  by  a pilot, 
who  shall  either  : 

1.  Give  false  information  to  such  pilot,  relative  to 


28 


the  condition  of  his  vessel,  crew  or  passengers,  or 
the  health  of  the  place  or  places  from  whence  he 
came,  or  refuse  to  give  such  information  as  shall  be 
lawfully  required ; 

2.  Or  land  any  person  from  his  vessel,  or  permit 
any  person,  except  a pilot,  to  come  on  board  of  his 
vessel,  or  unlade  or  tranship  any  portion  of  his  cargo 
before  his  vessel  shall  have  been  visited  and  ex- 
amined by  the  Health  Officer  ; 

3.  Or  shall  approach  with  his  vessel  nearer  to  the 
City  of  New  York  or  Brooklyn  than  the  place  of 
boarding  or  anchorage  to  which  he  may  be  directed, 
shall  be  guilty  of  the  like  offence,  and  be  subject  to 
the  like  punishment ; and  any  person  who  shall  land 
from  any  vessel,  or  unlade  or  tranship  any  portion 
of  her  cargo,  under  like  circumstances,  shall  be 
guilty  of  the  like  offence,  and  be  subject  to  the  like 
punishment. 

OF  THE  DUTIES  OF  PILOTS  IN  RELATION  TO  VESSELS 
SUBJECT  TO  QUARANTINE. 

§ 34.  It  shall  be  the  duty  of  each  Branch  and  De- 
puty Pilot  belonging  to  the  port  to  use  his  utmost 
endeavors  to  hail  every  vessel  he  shall  discover  en- 
tering the  port,  and  to  interrogate  the  master  of  such 
vessel  in  reference  to  all  matters  necessary  to  enable 


29 


such  pilot  to  determine  whether,  according  to  the 
provisions  of  the  preceding  sections,  such  vessel  is 
subject  to  quarantine. 

§ 35.  If,  from  the  answers  obtained  from  such  in- 
quiries, it  shall  appear  that  such  vessel  came  from  a 
port  where  any  quarantinable  disease  existed  at  the 
time  of  her  departure,  or  that  any  case  of  such  dis- 
ease shall  have  occurred  on  board  of  her  during  the 
passage,  the  pilot  shall  immediately  direct  the  master 
of  the  vessel  to  proceed  and  anchor  such  vessel  at 
the  quarantine  anchorage  in  the  lower  bay.  In  other 
cases,  of  vessels  liable  to  quarantine,  he  shall  direct 
the  masters  thereof  to  proceed  and  anchor  such  ves- 
sels at  such  point  as  shall  be  assigned  by  the  Qua- 
rantine Commissioners  as  an  anchorage  for  such  ves- 
sels ; provided,  however,  that  the  anchorage  for  such 
vessels  shall  be  at  least  one-half  mile  distant  from 
the  shore  of  Long  Island  and  Staten  Island.* 

OFFENCES  AND  THEIK  PWNISHMENT. 

§ 36.  Any  person,  except  a pilot,  who  shall  go  on 
board  of,  or  have  any  communication  or  dealing  with, 
any  vessel  hereinbefore  declared  subject  to  quaran- 
tine, before  she  shall  be  boarded  and  examined  by 


* As  amended,  by  Sec.  8 of  Chap.  592  of  the  Laws  of  1865. 


30 


the  Health  Officer,  or  while  she  is  being  examined 
by  him,  or  who  shall  violate  any  provision  of  this 
Act,  or  shall  neglect  or  refuse  to  comply  with  any 
direction  or  regulation  which  the  Health  Officer  or 
the  Commissioners  of  Quarantine  may  prescribe,  by 
virtue  of  this  Act,  shall  be  guilty  of  a misdemeanor, 
and  be  punished  by  a fine  of  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars,  or 
by  imprisonment,  not  less  than  three  nor  more  than 
six  months,  or  by  both  such  fine  and  imprisonment. 
And  any  person,  except  the  master,  owner  or  con- 
signee of  said  vessel,  who  shall  go  on  board  of  any 
such  vessel  after  she  shall  have  received  from  the 
Health  Officer  his  permit  to  proceed  from  quaran- 
tine, and  before  such  permit  shall  be  delivered  at 
the  office  of  the  Mayor  of  the  City  of  New  York  or  of 
the  City  of  Brooklyn,  shall  be  guilty  of  the  like 
offence,  and  subject  to  the  like  punishment.* 

DUTY  OF  HEALTH  OFFICER  IN  PRESENCE  OF  IMMEDIATE 
DANGER. 

§ 37.  It  shall  be  the  duty  of  the  Health  Officer,  in 
the  presence  of  immediate  danger,  to  take  the  respon- 
sibility of  applying  such  additional  measures  as  may 
be  deemed  indispensable  for  the  protection  of  the 
public  health. 


* As  amended  by  Sec.  9 of  Chap.  592  of  the  Laws  of  1865. 


31 


APPEALS. 

• 

§ 38.  Any  person  aggrieved  by  any  decision  or 
direction  of  the  Health  Officer,  may  appeal  therefrom 
to  the  Commissioners  of  Quarantine,  who  shall  con- 
stitute a Board  of  Appeal ; the  said  board  shall  have 
power  to  affirm,  reverse  or  modify  the  decision,  order 
or  direction  appealed  from,  and  the  decision  of  said 
Board  thereon  shall  be  final. 

§ 39.  An  appeal  to  the  Board  of  Appeal  must  be 
made  by  serving  upon  the  Health  Officer  a written 
notice  of  such  appeal,  within  twelve  hours  (Sundays 
excepted),  or  within  such  further  time  as  shall  be  al- 
lowed by  the  Commissioners  of  Quarantine,  after  the 
appellant  receives  notice  of  the  order,  decision  or  di- 
rection complained  of.  Within  twelve  1 ours  after 
the  Health  Officer  receives  such  notice  (Svndays  ex- 
cepted), he  shall  make  a return,  in  writing,  including 
the  facts  on  which  his  order,  decision  or  direction 
was  founded,  to  the  President  of  the  Board  of  Com- 
missioners of  Quarantine.  Upon  receipt  of  such  re- 
turn, or,  in  case  no  return  shall  be  made  within  the 
time  aforesaid,  he  shall  immediately  call  a meeting  of 
the  Board  of  Appeal ; and  said  appeal  shall  be  heard 
and  decided  within  twenty-four  hours  thereafter  (Sun. 
days  excepted);  and,  until  such  decision  be  made,  the 
order,  decision  or  direction  complained  of,  except  it 


refer  to  the  detention  of  a vessel,  her  cargo  or  pas- 
sengers, at  quarantine,  shall  be  suspended.  * # 


PENALTIES  AND  FORFEITURES. 

§ 40.  The  penalties  and  forfeitures  prescribed  by 
this  Act  may  be  sued  for  and  recovered,  with  costs  of 
suit,  by,  and  in  the  name  of,  the  Commissioners  of 
Quarantine,  according  to  the  provisions  of  “An  Act 
concerning  Passengers  in  Vessels  coming  to  the  City 
of  New  York,”  passed  May  fifth,  eighteen  hundred 
and  forty-seven. 


CUSTODIANS  OF  THE  QUARANTINE  ESTABLISHMENT  AND 
THEIR  POWERS. 

.§  41.  The  Commissioners  of  Quarantine  are  hereby 
constituted  the  custodians  of  the  quarantine  estab  - 
lishment  of  the  harbor  and  port  of  New  York,  to  be 
by  them  held  in  trust  for  the  people  of  this  State,  for 
the  purposes,  and  subject  to  the  provisions,  specified 
in  this  Act  ; and  they  shall  have  power  to  make  such 
rules  and  regulations,  not  inconsistent  with  the  pro- 
visions of  this  Act,  as  they  shall  deem  necessary  for 
the  care  and  protection  of  each  portion  of  the  quaran- 
tine establishment,  for  the  government  of  the  em  - 
ployees  therein,  for  the  regulation  of  the  conduct  of 


* As  amended  by  Sec.  14  of  Chap.  543  of  the  Laws  of  1867. 


33 


all  persons  under  quarantine,  and  for  preventing 
communication  or  intercourse  with  any  vessel  under, 
or  subject  to  quarantine.  All  the  necessary  expen- 
ses incurred  by  the  said  Commissioners,  in  the  care 
and  maintenance  of  said  establishment,  and  in  the 
discharge  of  their  duties not  otherwise  in  this  Act 
provided  for,  shall  be  paid  out  of  any  moneys  which 
may  come  into  their  hands,  or  which  may  be  appro  - 
priated  for  constructing  or  carrying  on  said  estab- 
lishment. * 

QUARANTINE  GROUNDS  TO  BE  SOLD — BOARDING  STATION 
RESERVED. 

§ 42.  The  Commissioners  of  the  Land  Office  are 
hereby  authorized  an  d directed,  without  unnecessary 
delay,  to  sell  the  lands  owned,  and  hitherto  used,  on 
the  eastern  shore  of  Staten  Island,  heretofore  known 
as  the  “ Marine  Hospital,”  except  that  portion  of  the 
southeast  corner  of  said  lands  described  and  bound- 
ed as  follows  : All  that  part  of  the  Quarantine 
grounds  commencing  on  Arietta  street,  at  a point  on 
the  southerly  wall  of  said  grounds,  three  hundred 
and  fifty  feet  distant  from  the  southwesterly  intersec- 
tion of  said  wall  with  the  easterly  line  of  said  Tomp- 
kins Avenue ; thence  northerly,  on  a line  parallel  to 


* As  amended  by  Sec.  10  of  Chap.  592  of  the  Laws  of  1865. 


34 


4id  Tompkins  Avenue,  four  hundred  feet  ; thence 
south  eighty-four  degrees  and  fifteen  minutes  east, 
on  a line  parallel  with  said  southerly  wall,  on  the 
north  margin  of  said  Arietta  street,  to  the  pier 
line,  as  established  by  the  Harbor  Commissioners  ; 
thence  southerly  along  said*  pier  line  to  the  intersec- 
tion with  a line  of  said  southerly  wall  prolonged  ; 
thence  westerly  to  and  along  said  wall,  on  the  north 
Margin  of  said  Arietta  street,  to  the  place  of  beginning, 
which  shall  be  reserved  from  such  sale  for  a landing 
and  boarding  station*  and  such  other  purposes  as 
may  be  necessary,  until  a permanent  quarantine  sta- 
tion shall  have  been  provided,  except  that  said  parcel 
of  ground,  or  any  part  thereof,  shall  not  be  used  or 
occupied  for  hospital  purposes,  or  for  the  reception, 
depositing  or  storing  of  any  article  or  thing  which 
may  have  been  taken  from  any  vessel  arriving  at  the 
port  of  New  York  that  may  be  subject  to  quarantine  ; 
and  also  the  land  at  Seguine’s  Point,  excepting  the 
burying  ground,  which  shall  be  retained  as  a part  of 
the  new  quarantine,  together  with  all  the  buildings, 
and  the  proceeds  of  the  same  shall  be  held  subject 
to,  and  for  the  purposes  of,  this  Act.  And,  for  the 
purpose  of  enabling  the  Commissioners  of  the  Land 
Office  to  convey  an  unincumbered  title  to  purchasers, 
the  amount  which  may  be  due  upon  the  mortgage  or 
mortgages  upon  the  said  premises,  executed  by  the 
Commissioners  of  Emigration,  shall  be  paid,  the  said 


35 


Commissioners  of  Emigration  being  required  to  pay 
fifty  thousand  dollars  of  the  amount  due  upon  such 
mortgages,  from  the  funds  in  their  hands,  and  the 
residue  shall  be  paid  from  the  proceeds  of  the  sale  by 
the  Commissioners  of  the  Land  Office.* 

CONSTRUCTION  OF  THE  QUARANTINE  ESTABLISHMENT. 

§ 43.  The  said  Commissioners  of  Quarantine  are 
hereby  authorized  and  directed  to  proceed,  without 
unnecessary  delay,  to  have  constructed  a floating  hos- 
pital, warehouses,  wet  docks,  and  to  provide  a board- 
ing station  and  a residence  for  the  Health  Officer, 
with  all  appurtenances,  according  to  the  provisions 
of  this  Act,  and  to  pay  for  the  same  out  of  the  funds 
hereinbefore  provided  and  such  other  funds  as  are 
now  held  by  them  or  as  they  are,  or  shall  be,  em- 
powered to  raise  or  receive  for  such  purposes.  In 
the  exercise  of  quarantine  regulations,  at  the  harbor 
and  port  of  New  York,  until  the  completion  of  the 
establishment,  according  to  the  provisions  of  this  Act, 
vessels  or  hulks  may  be  appropriated  for  the  service 
of  the  sick,  and  also  for  the  reception  of  merchandise, 
but  in  such  cases  they  shall  be  so  disposed  as  to  per- 
mit the  separation  of  the  sick  with  different  diseases, 
and  to  secure  the  best  condition  of  hygiene,  espe- 


*As  amended  by  Chap.  398  of  the  Laws  of  1864. 


36 


daily  ventilation,  and  under  no  circumstances  what- 
ever shall  sick  persons  be  kept  in  proximity  with  in- 
fected vessels  or  merchandise.  Well  persons  shall 
have  their  liberty  as  soon  as  practicable,  consistent 
with  the  provisions  of  this  Act,  and  all  means  neces- 
sary to  the  protection  of  the  public  health  shall  be 
instituted,  according  to  the  exigencies  of  the  case, 
provided  they  are  not  inconsistent  with  the  provi- 
sions of  this  Act. 

SALARIES  AND  WAGES  OP  EMPLOYEES. 

§ 44.  All  salaries  and  wages  of  the  employees  in  the 
quarantine  establishment,  not  specially  provided  for 
in  this  Act,  shall  be  fixed  and  determined  by  the 
Health  Officer. 

HEALTH  OFFICER’S  REPORT. 

§ 45.  The  Health  Officer  shall  present  to  the  Com- 
missioners of  Quarantine,  annually,  on  or  before  the 
first  of  J anuary,  a report  of  the  general  condition  of 
the  quarantine  establishment,  with  the  statistics  of 
the  institution  in  detail,  and  such  other  information 
and  suggestions  in  regard  to  the  same  as  he  may  deem 
advisable ; he  shall  also  furnish  to  the  Boards  of 
Health  of  the  cities  of  New  York  and  Brooklyn,  and 
to  the  Commissioners  of  Quarantine,  whenever  re- 


37 


quired  by  them  to  do  so,  an  official  return  of  the 
numbers  and  diseases  of  the  patients  in  the  Floating 
Hospital.* 

VESSELS  AT  THE  WHARVES  OF  THE  CITY  MAY  BE  KEMOVED 
TO  THE  QUARANTINE  GROUND. 

§ 46.  The  Board  of  Health,  or  the  Mayor  and  Com- 
missioners of  Health  of  the  City  of  New  York,  or  the 
Board  of  Health  of  Brooklyn,  whenever,  in  their  or 
his  judgment,  the  public  health  shall  require,  may 
order  any  vessel  at  the  wharves  of  the  city,  or  in  their 
vicinity,  to  the  quarantine  ground,  or  some  other 
place  of  safety,  and  may  require  all  persons,  articles 
or  things  introduced  into  either  city  from  such  vessel 
to  be  seized,  returned  on  board  thereof,  or  removed 
to  the  quarantine,  or  other  place  of  safety.  If  the 
master,  owner  or  consignee  of  the  vessel  cannot 
be  found,  or  shall  neglect  or  refuse  to  obey  the  order 
of  removal,  the  said  Board  of  Health,  or  Mayor  and 
Commissioners  of  Health  shall  have  power  to  employ 
such  assistance  as  may  be  necessary  to  effect  such  re- 
moval, at  the  expense  of  such  master,  owner  or  con- 
signee ; and  such  vessel  or  person  shall  not  return 
to  the  city  without  a written  permission  of  the  said 
Board  of  Health,  or  Mayor  and  Commissioners  of 


* As  amended  by  Sec.  14  of  Chap.  543  of  the  Laws  of  1867. 


38 


Health.  Whenever  any  person  shall  have  been  em- 
ployed as  above  provided,  to  remove  any  vessel,  or  to 
remove  any  article  or  thing  introduced  into  the  city 
from  such  vessel,  and  shall,  in  pursuance  of  such  em- 
ployment, effect  such  removal,  he  shall  have  a lien 
on  such  vessel,  her  tackle,  apparel  and  furniture,  for 
his  services  and  expenses  in  effecting  such  removal.  * 

PASSENGERS  UNDER  QUARANTINE — HOW  TO  BE  MAINTAINED. 

§ 47.  All  passengers  being  on  board  of  vessels  un- 
der quarantine,  shall  be  provided  for  by  the  master 
of  the  vessel  in  which  they  shall  have  arrived  ; and  if 
the  master  shall  omit  or  refuse  to  provide  for  them,  or 
they  shall  have  been  sent  on  shore  by  the  Health  Offi- 
cer, they  shall  be  maintained  by  the  Commissioners  of 
Quarantine,  at  the  expense  of  such  vessel,  her  owners, 
consignees,  and  each  and  every  one  of  them  ; and 
the  Health  Officer  shall  not  permit  such  vessel  to 
leave  quarantine  until  such  expense  shall  have  been 
repaid  or  secured  ; and  the  said  Commissioners  of 
Quarantine  shall  have  an  action  against  such  vessel, 
her  owners,  consignees,  and  each  and  every  one  of 
them,  for  such  expenses,  which  shall  be  a lien  on 
such  vessel,  and  may  be  enforced  as  other  liens  on 
vessels  are  enforced  by  said  Commissioners  of  Quar- 
antine^  - 

* As  amended  by  Sec.  14  of  Chap.  543  of  the  Laws  of  1867. 


39 


CONFINEMENT  OF  PEBSONS  CHARGED  WITH  OFFENCES. 

§ 48.  The  Health  Officer,  upon  the  application  of 
| the  master  of  any  vessel  tinder  quarantine,  may  con- 
fine in  any  suitable  place  on  shore  any  person  on 
j board  of  such  vessel  charged  with  having  committed 
an  offence  punishable  by  the  laws  of  this  State  or  of 
the  United  States,  and  who  cannot  be  secured  on 
board  of  such  vessel,  and  such  confinement  may  con- 
tinue during  the  quarantine  of  such  person,  or  until 
he  shall  be  proceeded  against  in  due  course  of  law; 
and  the  expenses  thereof  shall  be  charged  and  col- 
lected as  in  the  last  preceding  section. 


JURISDICTION  OF  OFFENCES. 

§ 49.  Exclusive  jurisdiction  of  the  offences  specified 
in  this  Act  is  hereby  given  to  the  Courts  of  General  and 
Special  Sessions  of  the  Peace  of  the  City  of  New  York, 
and  General  Sessions  of  the  County  of  Kings  ; and  it 
shall  be  the  duty  of  the  District  Attorneys  of  the  City 
and  County  of  New  York,  and  County  of  Kings,  respec- 
tively, to  prosecute  all  persons  guilty  of  such  offences 
in  preference  to  any  indictment  then  in  their  offices; 
and  it  shall  be  the  duty  of  either  of  the  said  Courts 
to  hear  and  try  the  offences  against  this  Act  in  pre- 
ference to  all  other  cases  pending  before  it ; and 
whenever  any  person  shall  be  convicted  on  a trial 


40 


for  such  offence,  the  Court  shall  forthwith  proceed  to 
pronounce  judgment  upon  him  according  to  the 

terms  prescribed  in  this  Act. 

* 

ALIEN  PASSENGERS— HOW  PROVIDED  FOB. 

§ 50.  The  Commissioners  of  Emigration  shall  re- 
ceive into  their  hospitals  all  alien  passengers  for 
whom  bonds  shall  have  been  given  or  commutation 
paid,  under  the  several  acts  of  this  State  relating  to 
alien  passengers  arriving  at  the  port  of  New  York, 
who  shall  be  affected  with  any  contagious  or  infec- 
tious disease,  other  than  yellow  fever,  and  sent  to 
such  hospital  by  the  authority  of  the  Health  Officer. 
They  shall  defray  the  expenses  of  such  patients  out 
of  the  moneys  by  them  received  on  account  of  bonds 
or  commutation. 

COMMISSIONERS  OF  EMIGRATION  TO  CONVEY  CERTAIN 
LANDS  TO  THE  STATE. 

§ 51.  The  Commissioners  of  Emigration  shall  ex- 
ecute and  acknowledge  a suitable  and  proper  convey- 
ance, to  be  approved  by  the  Attorney  General,  con- 
veying to  the  State  all  the  right,  title  and  interest 
which  they  have  in  the  real  estate  on  Staten  Island, 
now  or  formerly  occupied  for  quarantine  purposes  as 
a marine  hospital ; which  conveyance,  after  being 
recorded  in  the  office  of  the  Clerk  of  the  County  of 


41 


Richmond,  shall  be  filed  in  the  office  of  the  Secretary 
of  State. 

COMMISSIONERS  OF  QUARANTINE  REQUIRED  TO  HOLD 
DALLY  MEETINGS— WHEN. 

§ 52.  It  shall  be  the  duty  of  the  Commissioners  of 
Quarantine  to  hold  daily  meetings  (Sundays  and  cus- 
tomary holidays  excepted),  from  the  first  day  of  May 
until  the  first  day  of  November  in  each  year,  and  as 
often  in  the  other  months  as,  in  their  judgment,  may 
be  necessary.  They  shall  present,  annually,  a report 
of  their  proceedings,  and  of  the  condition  of  the 
quarantine  establishment  to  the  Legislature  at  the 
opening  thereof. 

HEALTH  OFFICER’S  FEES  AND  DISBURSEMENTS. 

§ 53.  The  Health  Officer  shall  be  entitled  to  receive 
the  fees  fixed  by  law  for  his  services.  He  shall  there- 
out pay  all  the  salaries  and  wages  of  the  Deputy 
Health  Officers,  and  such  bargemen,  nurses  and 
stewards  as  may  be  necessary  for  the  performance  of 
the  duties  imposed  upon  him  by  this  Act  for  the  car- 
rying on  of  the  quarantine  establishment,  except  the 
salaries  of  the  Commissioners  of  Quarantine  ; and 
the  said  Health  Officer  shall  pay  the  current  expenses 
of  running  a steamboat  for  the  transportation  of  per- 
sons to  and  from  the  establishment,  and  for  visita- 


42 


tions,  and  for  burying  the  dead.  But  nothing  in  this 
section  contained  shall  be  construed  or  held  to  affect 
the  liability  of  masters  or  owners  of  vessels,  passen- 
gers or  other  persons  to  pay  for  such  services,  labor 
or  work  as  they  are  respectively  required  to  pay  or 
discharge  by  the  terms  of  this  Act.  * 

COMMISSIONERS  OF  QUARANTINE. — THEIR  APPOINTMENT 
AND  SALARY. 

§ 54.  The  Governor  shall  nominate  and,  by  and 
with  the  advice  and  consent  of  the  Senate,  appoint 
three  discreet  persons,  citizens  of  this  State,  who 
shall  be  residents  of  the  Metropolitan  Police  Dis- 
trict, as  Commissioners  of  Quarantine,  for  the  pur- 
poses of  this  Act,  who  shall  hold  their  offices  for 
three  years,  and  until  their  successors  shall  be  ap- 
pointed and  qualified.  He  shall  every  three  years 
thereafter,  and  as  often  as  vacancies  shall  occur  by 
reason  of  death,  resignation,  insanity  or  removal 
from  the  said  district,  appoint,  by  and  with  the  con- 
sent of  the  Senate,  citizens  as  aforesaid,  who  shall 
reside  in  said  district,  to  fill  the  places  of  those  Com- 
missioners whose  terms  shall  expire  or  become  va- 
cant; and  the  persons  so  appointed  shall  hold  their 
offices  for  three  years,  and  until  their  successors 
shall  be  appointed  and  qualified. 


*As  amended  by  Sec.  14  of  Chap  592  of  the  Laws  of  1865. 


43 


§ 55.  The  said  Commissioners  shall  receive  an  an- 
nual salary  of  two  thousand  five  hundred  dollars 
each. 


: PUNISHMENT  FOE  OPPOSING  OE  OBSTEUCTING  THE  HEALTH 
OFFICEE,  OE  INVADING  THE  QUAEANTINE  ESTABLISH- 
MENT, ETC. 

§ 56.  Every  person  who  shall  oppose  or  obstruct 
the  Health  Officer  or  his  deputies  in  performing  the 
duties  required  of  him  by  law,  and  every  person  who 
shall  go  on  board  of,  or  have  any  communication,  in- 
tercourse or  dealing  with  any  vessel  under  quaran- 
tine, or  with  any  of  her  crew  or  passengers,  without 
the  permission  of  the  Health  Officer,  or  who  shall, 

: without  such  permission,  invade  any  portion  of  the 
quarantine  establishment,  shall  be  guilty  of  the  like 
offence  and  subject  to  the  like  punishment  pre- 
scribed by  the  preceding  ninth  section  of  this  Act  ; 
and  such  offender  shall  be  detained  at  quarantine  so 
long  as  the  Health  Officer  shall  direct,  not  exceeding 
twenty  days.  In  case  such  person  shall  be  taken 
sick  of  any  contagious  or  infectious  disease  during 
such  twenty  days,  he  shall  be  detained  at  quarantine 
for  such  further  time  as  the  Health  Officer  shall  di- 
rect. Exclusive  jurisdiction  of  the  offences  specified 
in  this  section  is  hereby  conferred  upon  the  courts 
specified  in  the  forty-ninth  section  of  the  Act  which 


44 


is  hereby  amended,  and  all  the  provisions  of  said 
last  mentioned  section  shall  apply  to  said  offences. 
(Sec.  11  of  Chap.  592  of  the  Laws  of  1865.) 

LIENS — HOW  ENFORCED. 

§ 57.  The  several  liens  specified  in  this  Act  and  the 
Act  hereby  amended,  may  be  enforced  in  the  same 
manner  as  other  liens  on  vessels  are  enforced  by  war- 
rant of  attachment  in  the  mode  prescribed  in  the  Act 
entitled  “An  Act  to  provide  for  the  collection  of  de- 
mands against  ships  and  vessels,”  passed  April  twenty- 
fourth,  eighteen  hundred  and  sixty-two,  all  the  pro-  . 
visions  of  which  shall  apply  to  the  services,  expenses 
and  charges  hereinbefore  and  in  said  Act  specified, 
and  the  person  or  persons  to  whom  said  expenses  and 
charges  for  which  such  liens  are  created  shall  be  pay- 
able, shall  be  deemed  creditors  of  the  master,  owners 
or  consignees  of  the  vessel  or  merchandise  respect- 
ively, and  such  person  or  persons  may  have  and 
maintain  an  action  against  the  master,  owner  or  con- 
signee, and  each  of  them  to  recover  the  value  of  such 
services,  charges  and  expenses.  (Sec.  12  of  Chap. 
592  of  the  Laws  of  1865.) 

CARE  OF  PASSENGERS  WHO  HAVE  BEEN  EXPOSED  TO  SMALL- 
POX OR  SHIP  FEVER. 

§ 58.  The  Commissioners  of  Emigration  shall,  by 
the  order  and  direction  of  the  Health  Officer,  receive 


45 


and  take  charge  of  all  passengers  arriving  at  the  Port 
of  New  York,  who  shall  have  been  exposed  to  the  in- 
fection or  contagion  of  small-pox  or  ship  fever,  to  be 
kept  elsewhere  than  on  Staten  Island,  and  the  said 
Commissioners  of  Emigration,  for  the  purpose  of  de- 
fraying the  expenses  therefor,  shall  be  entitled  to  re- 
ceive from  the  owners,  masters,  consignees  or  agents, 
of  the  vessels  arriving  at  the  port  of  New  York,  the 
sum  of  twenty-five  cents  for  each  passenger  so  arriv- 
ing, to  be  collected  in  the  same  manner  that  commu- 
tation moneys  are  collected  by  said  Commissioners  of 
Emigration.  (Sec.  8 of  Chap.  613  of  the  Laws  of  1865.) 


STATE  OF  FEW  YORK. 


CHAPTER  751. 


AN  ACT 

In  relation  to  Quarantine  in  the  Port  of  New  York,  and 
providing  for  the  construction  of  the  Permanent 
Quarantine  Establishment. 

Passed  April  21, 1866;  three-filths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  The  Commissioners  of  Quarantine,  in 
conjunction  with  the  Mayor  of  the  City  of  New  York 
and  the  Mayor  of  the  City  of  Brooklyn,  shall  consti- 
tute a Board  of  Commissioners,  to  perform  the  duties 
and  exercise  the  powers  imposed  and  conferred  by 
this  Act.  In  case  of  the  death,  removal,  or  resigna- 
tion of  either  of  the  Commissioners  of  Quarantine, 
the  Governor  shall  fill  the  vacancy  ; and  before  en- 


47 


tering  upon  the  discharge  of  their  duties,  each  of  the 
| Commissioners  shall  enter  into  a Bond  to  the  People 
; of  the  State  of  New  York,  in  the  penalty  of  twenty- 
| five  thousand  dollars,  with  sufficient  sureties,  to  be 
j approved  by  the  Comptroller,  conditioned  for  the 
! faithful  discharge  of  his  duties  and  the  satisfactory 
accounting  for  all  moneys  received  by  him  as  such 
Commissioner.  And  within  three  months  after  the 
erections  authorized  by  this  Act  are  completed,  the 
said  Board  shall  render  to  the  Comptroller  a full  and 
final  account  of  all  moneys  received  by  them,  and  of 
all  their  disbursements  under  this  Act.  Neither  of 
the  other  members  of  said  Board  shall  receive  any 
compensation  for  his  services,  but  all  of  the  necessary 
expenses  incurred  by  the  members  of  said  board 
i shall  be  paid  out  of  the  moneys  aforesaid  ; and  they 
are  hereby  authorized  to  employ  and  pay  such  archi- 
tects, engineers  or  other  employees  as  may  be  neces- 
sary to  enable  them  to  perform  the  duties  hereby  im- 
posed upon  them ; and  they  may  elect  one  of  their 
» number  President  and  another  to  be  Treasurer  of 
f said  Board,  and  prescribe  their  duties. 

j 

§ 2.  The  said  Board  of  Commissioners  shall,  as 
soon  as  practicable  after  the  passage  of  this  Act, 
cause  to  be  erected  on  the  west  bank  in  the  Lower 
Bay  of  New  York,  but  not  within  one  and  a half  miles 
of  the  shore  of  Staten  Island,  in  the  manner  here- 


48 


after  provided,  a suitable  structure,  with  all  neces- 
sary docks,  wharves  and  appurtenances,  for  use  as  a 
hospital  for  the  reception  of  those  sick  with  conta- 
gious diseases  arriving  in  vessels  subject  to  quaran- 
tine, and  shall  provide  the  same  with  all  necessary  fur- 
niture, fixtures,  and  other  facilities  for  the  care  of  the 
sick,  and  for  the  prompt  and  efficient  discharge  of  the 
duties  of  the  Health  Officer  of  the  port  of  New  York. 
The  said  structure,  when  so  erected,  fitted  up  and 
provided,  shall  become  a part  of  the  Permanent 
Quarantine  Establishment,  and  subject  to  existing 
laws  relating  to  the  same,  and  shall  be  used  as  a place 
for  the  reception  and  care  of  the  sick  who  may  be 
sent  there  by  the  Health  Officer  under  the  authority 
of  the  laws  of  the  State  relative  to  Quarantine. 

§ 3.  Before  proceeding  to  the  erection  of  the  said 
structure,  the  said  Board  of  Commissioners  shall  sub- 
mit to  the  Governor,  Lieutenant-Governor,  and 
Comptroller,  for  examination,  careful  plans  and  spe-  | 
cifications,  made  by  competent  engineers  or  archi- 
tects, together  with  accurate  estimates  of  the  expense 
of  erecting  and  fitting  up  the  said  structure,  docks, 
wharves  and  appurtenances,  and  if  said  plans,  speci- 
fications and  estimates  shall  be  approved  by  them , 
or  a majority  of  them,  they  or  such  majority  shall 
certify  that  fact  in  writing,  and  file  the  same  in  the 
office  of  the  Secretary  of  State ; and  no  contract  shal  1 


49 


be  made  for  the  erection  of  said  structure  or  any 
part  thereof,  nor  shall  any  money  be  expended  there- 
on, until  the  plans,  specifications  and  estimates 
therefor  shall  be  approved,  and  a certificate  thereof 
made  and  filed  as  aforesaid. 


§ 4.  As  soon  as  the  said  Board  of  Commissioners 
shall  have  procured  plans,  specifications  and  esti- 
mates, and  the  approval  thereof  as  aforesaid,  they 
shall,  by  a notice  to  be  inserted  daily  for  three  con- 
secutive weeks,  in  three  daily  newspapers  published 
in  the  City  of  New  York,  and  two  published  in  the 
City  of  Brooklyn,  invite  sealed  proposals  for  the 
erection  of  the  said  structure,  wharves,  docks  and 
appurtenances,  according  to  the  said  plans  and  spe- 
cifications so  approved,  which  shall,  during  the  said 
three  weeks,  be  open  to  public  inspection  at  the  office 
''f  said  Board  during  the  usual  business  hours.  At 
the  expiration  of  the  period  aforesaid,  the  said  Board 
shall  publicly  open  the  said  proposals  at  an  hour 
and  place  to  be  designated  in  said  notice,  and  they 
shall  thereupon  award  the  contract  for  the  erection 
of  said  structure,  wharves,  docks,  and  appurtenances, 
to  the  person  or  persons  who  shall,  in  said  proposals, 
offer  to  erect  the  same,  for  the  lowest  sum,  and  who 
shall  give  security  satisfactory  to  said  Board  for  the 
faithful  and  complete  performance  of  such  contract ; 


50 


provided,  however,  that  if  said  Board  shall  deem.i, 
said  sum  exorbitant  or  unreasonable,  they  may  dis- ; 
regard  said  bid,  and  in  like  manner  re-advertise  for 
new  proposals  until  they  shall  receive  a bid  which 
they  shall  deem  reasonable  and  for  the  interest  of 
the  State  to  accept;  provided,  however,  said  bid1 
shall  not  exceed  the  lowest  bid  in  any  bid  before 
made. 

In  addition  to  the  security  aforesaid,  the  con- 
tract shall  provide  that  at  least  the  sum  of  fifteen 
per  cent,  upon  each  installment  to  be  paid  there- 
under, shall  be  retained  in  the  hands  of  said  Board,! 
until  said  contract  shall  be  fully  completed;  and 
there  shall  be  a written  contract  entered  into  pur- 
suant to  said  award,  which  shall  provide  and  stipu- 
late that  all  of  the  work  to  be  performed  thereunder, 
shall  be  done  under  the  supervision  of  the  member  : 
of  said  Board  designated  by  the  Governor  to  have  the 
charge  and  supervision  thereof,  as  in  the  first  section 
of  this  Act  provided;  and  that  no  payments  shall  be 
made  under  said  contract,  until  the  contractor  shall 
produce  to  them  a certificate  from  an  engineer  on 
architect  selected  by  said  Board,  certifying  that  the* 
work,  so  far  as  the  same  is  then  completed,  has  been 
in  all  respects  performed  and  the  materials  furnished 
according  to  the  terms  of  the  contract. 

§ 5.  The  hospital  so  to  be  erected  and  provided  as 


51 


aforesaid,  shall  be  so  constructed  as  to  admit  of  the 
separation  therein  of  persons  sick  with  different  dis- 
eases, and  when  so  required,  the  same  shall  be  ap- 
plied exclusively  to  the  reception  and  care  of  persons 
sick  with  yellow  fever  or  cholera,  and  when  so  used, 
patients  sick  with  other  diseases,  subject  to  quaran- 
tine, shall  be  disposed  of,  and  provided  for,  in  the 
manner  now  required  by  law.  When  not  required 
for  the  reception  of  yellow  fever  or  cholera  patients, 
said  hospital  may  be  appropriated  to  the  reception  of 
persons  sick  with  other  contagious  diseases,  subject 
to  such  regulations  as  the  Commissioners  of  Quaran- 
tine shall  deem  necessary  to  prescribe  ; and  said 
Commissioners  may  appoint  a physician  for  said  hos- 
pital, and  the  Health  Officer  of  the  Port  of  New  York 
shall  be  the  physician  for  said  hospital.  The  ex- 
pense of  the  care  and  support  of  each  person  received 
into  said  hospital,  shall  be  fixed  and  determined  as 
other  quarantine  charges  and  expenses  are  now  by 
law  fixed  and  determined,  and  shall  be  paid  to  said 
Commissioners  by  the  master,  owner  or  consignee  of 
the  vessel  in  which  the  person  so  received  shall  have 
arrived,  and  the  said  Commissioners  shall  have  the 
same  remedies  to  enforce  payment  thereof,  as  are 
given  them  by  existing  laws  to  enforce  payment  of 
charges  for  storage  in  the  quarantine  warehouses. 

§ 6.  For  the  purpose  of  determining  all  questions 
of  jurisdiction  in  any  action,  either  civil  or  criminal, 


52 


growing  out  of  any  act  or  thing  done  upon  or  con- 
nected with  the  said  hospital  hereby  authorized  to  be 
erected,  the  said  structure  shall  be  deemed  to  be 
within  the  limits  of  the  city  and  county  of  New  York, 
and  whenever  any  action  has  been  or  shall  hereafter 
be  commenced,  or  any  criminal  prosecution  shall  be 
instituted  against  the  Health  Officer  of  the  Port  of 
New  York,  or  either  of  his  deputies,  or  any  of  his 
employees,  or  against  the  Commissioners  of  Quaran- 
tine, or  either  of  them,  or  against  any  persons  en- 
gaged in  performing  any  duty  or  rendering  any  ser- 
vice in  any  matter  or  thing  connected  with  the  Quar- 
antine Establishment,  or  any  part  thereof,  before  any 
Court  or  Officer  within  the  county  of  Eichmond,  or 
where  such  county  shall  be  the  place  of  trial  named 
in  the  complaint  in  any  such  action,  the  defendant  or 
defendants  therein  may  apply  to  any  justice  of  the 
Supreme  Court  for  an  order  directing  that  said  action 
be  tried  either  in  the  city  and  county  of  New  York, 
or  in  the  county  of  Kings,  and  the  said  Justice  shall 
thereupon  make  an  order  removing  said  action  from 
the  county  of  Eichmond  to  the  city  and  county  of 
New  York,  or  to  the  county  of  Kings.  In  case  the  ac- 
tion shall  be  pending  in  the  Supreme  Court,  the  order 
shall  designate  in  which  of  the  other  counties  above 
named  the  trial  shall  be  had.  In  case  such  action 
shall  be  pending  in  the  County  Court,  said  order  shall 
remove  said  action  into  the  Supreme  Court,  and  shall 


53 


designate  one  of  the  other  counties  above  named  as 
the  county  where  the  same  shall  be  tried.  In  case 
the  action  shall  have  been  commenced  before  a Justice 
of  the  Peace,  the  order  shall  name  the  Justice  of  the 
Peace  or  Court  before  which  said  action  shall  be  tried 
in  the  county  to  which  the  same  shall  be  removed  as 
aforesaid,  and  in  case  the  action  shall  be  criminal,  the 
order  shall  direct  to  what  officer  or  court  the  com- 
plaint or  indictment  shall  be  sent  for  trial,  and  shall 
provide  for  giving  bail  in  such  form  and  amount  as 
the  said  justice  to  whom  such  application  shall  be 
made,  shall  deem  proper,  and  in  all  cases  where  an 
order  shall  be  made  as  aforesaid,  the  Court  or  Officer 
to  which  said  action  shall  be  transferred  as  hereinbe- 
fore authorized,  shall  proceed  to  the  trial  thereof  in 
the  same  manner  and  with  the  like  effect  as  if  said 
action  had  been  commenced  before  such  Court  or 
Officer,  and  the  cause  of  action  had  arisen  in  the 
county  to  which  said  action  shall  be  removed. 

*§  7.  Immediately  after  the  passage  of  this  Act,  the 
said  Board  of  Commissioners  mentioned  in  the  fore- 
going first  section,  shall  cause  the  real  estate  owned 
by  the  State  in  the  town  of  Castleton,  formerly  used 
for  quarantine  purposes,  and  known  as  the  Marine 
Hospital  grounds,  except  that  portion  of  the  south- 
east corner  of  said  grounds  which  is  bounded  and 
described  as  follows,  to  wit : “All  that  certain  piece 

* Provisions  of  sections  7,  8,  9, 10  and  11  relate  to  sale  of  Marine 
Hospital  grounds,  have  been  fully  executed. 


54 


or  parcel  of  land  commencing  at  a point  on  the  lands 
under  water,  distant  fifty  feet  northerly  from  the 
northeasterly  corner  of  the  new  Quarantine  Dock,  and 
running  thence  westerly,  on  a line  parallel  with  the 
boundary  line  between  the  lands  of  the  United  States 
and  said  Marine  Hospital  grounds,  to  the  fence  now 
erected  on  said  grounds  in  the  rear  of  the  Health  Offi- 
cer’s residence  ; thence  southerly  along  said  fence,  to 
Arietta  street  ; thence  easterly  along  said  street,  to  a 
point  on  the  land  underwater  which  would  be  formed 
by  the  intersection  of  the  southerly  line  of  said  grounds 
with  the  easterly  line  extended  of  said  new  Dock  ; 
and  thence  northerly  along  said  easterly  line  of  said 
dock,  to  the  point  or  place  of  beginning  to  be  sur- 
veyed out  into  lots  and  blocks,  making  provision  for 
such  streets  through  the  same  as  may  be  necessary, 
and  three  accurate  maps  made  of  the  same  by  the 
State  Engineer  and  Surveyor,  under  the  direction  of 
said  Board  ; one  of  which  shall  be  filed  by  them  in 
the  office  of  the  Clerk  of  the  County  of  Richmond, 
one  in  the  office  of  the  Secretary  of  State,  and  the 
other  shall  be  retained  by  them  in  their  office.  In 
subdividing  said  real  estate  into  lots,  they  shall,  as 
far  as  practicable,  divide  the  same  into  lots  of  suit- 
able size  for  single  dwellings  or  stores,  except  that 
the  portion  of  said  lands  bordering  on  the  water  shall 
be  so  subdivided  as  to  give  a sufficient  water  front  to 
each  lot  for  commercial  purposes. 


55 


§ 8.  As  soon  as  such  surveys  and  maps  are  com- 
pleted and  filed  as  aforesaid,  said  Board  shall  cause 
i each  of  said  lots  to  be  appraised  by  three  competent 
and  sworn  appraisers,  who  shall,  at  the  same  time, 
(appraise  said  tract  of  land  as  one  parcel,  without  re- 
ference to  such  subdivisions.  Such  appraisal  shall 
be  duly  verified  by  affidavit,  and  shall  be  filed  in  the 
office  of  the  Secretary  of  State  ; and  said  lands  shall 
not  be  sold  pursuant  to  the  authority  hereinafter 
given,  either  in  one  parcel  or  in  separate  lots,  for 
less  than  such  appraised  value. 

§ 9.  As  soon  as  such  appraisal  is  completed  as 
aforesaid,  said  Board  of  Commissioners  shall  cause 
said  lots  to  be  sold  separately,  at  public  auction,  to 
the  highest  bidder  above  said  appraised  value,  at  the 
salesroom  of  the  Merchants’  Exchange,  in  the  city  of 
New  York  ; provided,  however,  that  if  the  said  Board, 
upon  inquiry  and  investigation,  shall  be  of  the  opin- 
ion that  the  said  lands  will  produce  a larger  sum 
upon  such  sale  if  sold  in  one  parcel,  or  by  selling 
several  of  said  lots  together,  they  shall  certify  that 
Jfact  in  writing  to  the  Governor,  Lieutenant-Governor 
and  Comptroller  ; and  if  they,  or  a majority  of  them, 
shall  concur  in  opinion  with  said  Commissioners, 
such  concurrence  shall  be  endorsed  upon  such  cer- 
tificate, and  the  same  shall  then  be  filed  in  the 
afficeof  the  Secretary  of  State  ; and  said  Commission- 


56 


ers  shall  thereupon  cause  said  lands  to  be  sold  in  ac- 
cordance with  said  opinion.  Notice  of  the  time  and 
place  of  the  sale  aforesaid  shall  be  advertised  daily  for 
three  successive  weeks  before  the  day  of  sale,  in  three 
daily  papers  published  in  the  City  of  New  York,  and 
in  two  published  in  the  City  of  Brooklyn.  Upon  such 
sale,  the  purchaser  shall  pay  to  said  Board  of  Com- 
missioners ten  per  cent,  of  the  amount  of  the  pur- 
chase money,  and  shall  execute  and  deliver  to  them 
an  agreement  in  writing,  describing  the  lot  or  parcel 
purchased  by  him,  and  agreeing  to  pay  the  residue  of 
said  purchase  money  to  the  people  of  the  State  at  a 
time  to  be  therein  specified,  which  shall  not  exceed 
thirty  days  from  the  day  of  such  sale.  The  President 
of  said  Board  of  Commissioners  shall  thereupon  ex- 
ecute and  deliver  to  such  purchaser  a certificate  con- 
taining the  name  of  the  i ur chaser,  a description  of 
the  land  purchased,  the  sum  paid,  and  the  sum  re- 
maining due  thereon  ; and  said  Commissioners  shall 
then  transmit  said  agreement  to  the  Comptroller. 

§ 10.  If  the  purchaser  to  whom  such  certificate 
shall  be  delivered,  as  aforesaid,  or  his  representatives 
or  assigns,  shall,  within  thirty  days  from  the  date 
thereof,  present  the  same  to  the  Comptroller,  with  a 
receipt  of  the  President  of  said  Board  endorsed 
thereon,  for  the  whole  amount  of  the  purchase  money 
remaining  unpaid,  the  Comptroller  shall  certify  that 


57 


fact  upon  the  agreement  so  delivered  to  him,  and 
letters  patent  shall  thereupon  be  issued  to  the  person 
entitled  to  receive  the  same  for  the  lands  described 
in  said  certificate  which  shall  vest  in  the  grantee 
therein  named  the  title  to  the  said  lands,  free  and 
clear  from  all  incumbrances.  In  case  the  purchaser 
of  any  of  said  lands  shall  fail  to  make  payment  of 
said  purchase  money  within  the  time  aforesaid,  or 
within  such  further  time  as  shall  be  granted  by  said 
Commissioners,  not  exceeding  the  period  of  six 
months,  he  shall  forfeit  the  said  ten  per  cent,  so  paid 
by  him,  and  they  shall  proceed  to  re-advertise  and 
sell  such  lands,  in  the  manner  hereinbefore  specified; 
and  said  first  purchaser  shall  be  liable,  upon  the 
agreement  given  by  him,  as  above  provided,  to  make 
good  to  the  people  of  the  State  any  loss  which  may 
result  to  them  by  reason  of  the  sale  of  the  said  lands 
upon  such  second  sale  for  a less  sum  than  that  bid 
upon  the  first  sale. 

§ 11.  The  proceeds  arising  from  the  sale  of  said 
lands  shall  be  disposed  of,  and  applied  by  said 
Board,  as  follows  : 

1.  They  shall  therefrom  pay  the  cost  of  said  ap- 
praisal and  advertising,  and  the  expenses  of  said  sale. 

2.  They  shall  next  apply  so  much  thereof  as  may 
be  necessary  to  pay  off  and  discharge  the  mortgage 


58 


now  existing  upon  said  lands  ; but  the  Commission- 
ers of  Emigration  shall  be,  and  they  are  hereby,  re- 
quired and  directed  to  furnish  and  provide  out  of 
the  funds  in  their  hands,  towards  the  payment  of 
said  mortgage,  the  sum  of  fifty  thousand  dollars;  pro- 
vided, however,  that  if  the  holder  of  said  'mortgage 
will  consent  to  accept  a part  payment  of  the  amount 
due  thereon,  and  release  therefrom  all  the  lands  cov- 
ered thereby,  except  the  parcel  reserved  from  said 
sale,  as  hereinbefore  provided,  then  the  said  Board 
shall  only  pay  to  the  holder  of  said  mortgage  such  a 
sum  as,  with  said  sum  to  be  paid  by  the  Commission- 
ers of  Emigration,  will  secure  the  release  of  all  the 
lands  covered  thereby,  except  said  parcel,  reserved 
from  said  sale  as  aforesaid. 

3.  The  residue  of  said  moneys  shall  immediately 
be  paid  by  them  into  the  State  Treasury,  to  reim- 
burse to  the  Treasury  such  sum  as  shall  be  paid 
therefrom,  pursuant  to  the  provisions  of  this  Act.  and 
such  residue  is  hereby  appropriated  to  that  purpose  ; 
and,  at  the  time  of  the  payment  thereof,  they  shall 
furnish  to  the  Comptroller  an  account,  verified  by 
the  Treasurer  of  said  Board,  showing  the  whole 
amount  of  moneys  realized  from  such  sales,  and  the 
payments  made  by  them  therefrom. 

§ 12.  The  portion  of  said  lands  reserved  from  said 
sale,  as  hereinbefore  provided,  shall  be  kept  and  re- 


59 


served  as  a landing  and  boarding  station,  and  resi- 
dence for  the  Health  Officer,  and  such  other  pur- 
poses as  may  be  necessary,  until  a permanent  quar- 
antine station  shall  have  been  provided,  except  that 
the  same  shall  not  be  used  or  occupied  for  hospital 
purposes,  or  for  the  reception,  depositing  or  storing 
of  any  article  or  thing  which  may  have  been  taken 
from  any  vessel  arriving  in  the  Port  of  New  York, 
subject  to  quarantine  ; and  the  Commissioners  of 
Quarantine  are  hereby  constituted  the  custodians  of 
said  landing  and  boarding  station,  and  it  shall  be 
their  duty  to  guard  against  all  encroachments  upon 
said  property,  and  keep  the  same  in  good  order  and 
repair  ; and  it  shall  be  unlawful  for  the  Commission- 
ers of  Highways  of  the  Town  of  Castleton.,  or  any 
person  or  persons  whatsoever,  to  do  any  act  or  thing 
by  which  the  walls  enclosing  said  parcel  of  land 
shall,  in  any  respect,  be  injured  or  destroyed,  or 
whereby  the  water  from  the  street  adjoining  the  same 
shall  be  turned  thereon,  or  whereby  said  premises 
shall,  in  any  respect,  be  injured.  Any  person  who 
shall,  knowingly  or  wilfully,  violate  the  provisions  of 
this  section,  shall  be  guilty  of  a misdemeanor,  and 
jurisdiction  of  such  offence  is  hereby  vested  in  the 
courts  specified  in  the  forty-ninth  section  of  chapter 
three  hundred  and  fifty-eight  of  the  laws  of  one 
thousand  eight  hundred  and  sixty-three,  and  all  of 
the  provisions  of  said  section  shall  apply  to  such 


60 


offences,  and  upon  conviction  thereof,  such  offender 
shall  be  punished  in  the  manner  provided  by  the 
thirty-sixth  section  of  the  chapter  and  laws  aforesaid. 

§ 13.  The  sum  of  four  hundred  thousand  dollars, 
or  so  much  thereof  as  may  be  necessary  for  that  pur- 
pose, is  hereby  appropriated  out  of  any  moneys  in 
the  Treasury  not  otherwise  appropriated,  to  defray 
the  expenditures  authorized  by  this  Act,  which  sum 
shall  be  reimbursed  to  the  Treasury  out  of  the  pro- 
ceeds of  the  sale  hereinbefore  authorized,  and  the 
sale  of  the  bonds  of  the  County  of  Richmond  now 
held  by  the  State,  which  were  executed  and  delivered 
to  the  State  Treasurer,  under,  and  pursuant  to  the 
provisions  of  chapter  four  hundred  and  sixty-five  of 
the  laws  of  one  thousand  eight  hundred  and  sixty, 
which  said  bonds  the  Comptroller  is  hereby  author- 
ized to  sell  and  dispose  of,  at  and  for  such  price  or 
sum  as,  with  the  approval  of  the  Governor  he  may 
be  able  to  obtain,  but  he  shall  not  sell  the  same  for 
less  than  ninety-five  per  cent,  of  the  par  value 
thereof,  and  the  proceeds  arising  from  such  sale  shall 
be  deemed  pledged  to  reimburse  to  the  Treasury  the 
amount  which  shall  be  paid  therefrom,  as  in  this  Act 
authorized. 

§ 14.  The  Comptroller  is  hereby  authorized  and 
directed  to  draw  his  warrant  on  the  Treasurer  in  favor 


61 


of  the  said  Board  of  Commissioners,  on  account  of 
said  appropriation,  in  such  sums,  and  at  such  times, 
as  the  same  may  he  required  by  them  for  the  pur- 
poses  of  this  Act.  But  none  of  the  moneys  shall  be 
drawn  from  the  Treasury  under  this  Act  until  the 
said  Board  shall  have  presented  to  the  Comptroller  a 
written  statement,  signed  by  them,  or  a majority  o 
them,  setting  forth  in  detail,  the  purposes  to  which 
such  money  is  to  be  applied,'  nor  until  the  Comp- 
troller is  satisfied  that  such  statements  correct ; and, 
after  the  first  payment  from  the  Treasury,  no  second 
payment  shall  be  made  therefrom  until  said  Board 
shall  have  presented  to  the  Comptroller  satisfactory 
vouchers  for  the  expenditure  of  all  moneys  previous- 
ly  drawn. 

8 15.  So  much  of  the  provisions  of  exiting  laws  as 
relate  to  the  sale  of  said  lands,  and  the  disposition  of 
the  proceeds  arising  therefrom,  as  are  inconsistent 
with  the  provisions  of  this  Act,  are  hereby  repealed. 

§ 16.  This  Act  shall  take  effect  immediately. 


Chapter  543. 


i 


AN  ACT 

In  relation  to  Quarantine  in  the  Port  of  New  York,  and 
to  amend  existing  Acts  relative  thereto. 

Passed  April  22,  1867  ; three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  The  Commissioners  of  Quarantine,  the 
Metropolitan  Board  of  Health,  and  the  Mayors  of  the 
cities  of  New  York  and  Brooklyn,  are  hereby  author- 
ized and  directed,  as  soon  as  practicable  after  the 
passage  of  this  Act,  to  select  a suitable  site  on  Bar- 
ren Island,  to  erect  a temporary  structure,  if  it  become 
necessary,  until  a suitable  permanent  structure  shall 
be  erected  on  West  Bank  (which  the  said  Board, 
above  named,  are  hereby  directed  to  construct,  as 
soon  as  practicable),  with  all  necessary  appurtenances, 
for  the  reception  and  temporary  detention  of  pas- 
sengers under  quarantine  who  have  been  exposed  to 
contagious  or  infectious  diseases,  but  who  are  not  ac- 


63 


tnally  sick,  and  who  may  be  sent  there  by  the  Health 
Officer,  pursuant  to  law.  They  shall  also  select  a 
suitable  site  for  a Landing  and  Boarding  Station  on 
the  west  end  of  Coney  Island  to  be  used  in  place  of 
the  one  specified  in  the  twelfth  section  of  chapter 
seven  hundred  and  fifty-one,  of  the  laws  of  eighteen 
hundred  and  sixty -six.  Said  sites  shall  be  selected 
as  near  to  each  other  as  the  safety  of  the  public 
health  and  the  convenient  discharge  of  the  duties  of 
the  Health  Officer  will  permit.  As  soon  as  said  sites, 
or  either  of  them,  shall  be  determined  upon  by  said 
Commissioners,  the  Metropolitan  Board  of  Health 
and  the  Mayors  of  said  Cities,  or  a majority  of  them, 
they  shall  certify  that  fact,  in  writing,  to  the  Gover- 
nor, Lieutenant-Governor  and  Comptroller ; and  if 
the  site  or  sites  so  selected  shall  be  approved  by 
them,  or  a majority  of  them,  they,  or  such  majority, 
shall  make  and  sign  a certificate  of  the  fact,  specify- 
ing particularly  therein  the  site  or  sites  so  selected, 
and  file  the  same  in  the  office  of  the  Secretary  of 
State  ; and  thereupon  the  said  Commissioners  shall 
become,  and  be  deemed  to  be,  empowered  to  acquire 
title  to  the  lands  specified  in  said  certificate,  and  fit 
up  the  same  for  quarantine  purposes,  as  hereinafter 
specified.  It  shall  not  be  lawful  to  suffer  or  permit 
any  vessel  infected  with  a pestilential,  contagious  or 
quarantinable  disease,  or  any  vessel  containing  any 
person  or  persons  infected  with  any  such  disease,  to 
anchor  in  the  waters  of  Gravesend  Bay. 


64 


§ 2.  Iu  case  said  Commissioners,  the  Metropolitan 
Board  of  Health  and  the  Mayors  of  said  cities,  shall 
be  unable  to  agree  upon  the  selection  of  either  or 
both  of  the  sites  mentioned  in  the  preceding  section, 
within  thirty  days  after  the  passage  of  this  Act,  or  in 
case  either  of  the  sites  selected  by  them  shall  not  be 
approved,  as  hereinbefore  authorized,  then  the  Gov- 
ernor, Lieutenant-Governor  and  Comptroller,  in  con- 
junction with  the  Commissioners  of  Quarantine  and 
the  Health  Officer  of  the  Port  of  New  York,  shall  con- 
stitute a Board  of  Officers  to  make  such  selection, 
and  the  decision  of  a majority  of  the  members  of 
said  Board  in  reference  thereto  shall  be  final.  A 
certificate  of  such  determination  shall  be  made  and 
signed  by  a majority  of  said  Board,  in  which  the  site 
or  sites  so  selected  shall  be  particularly  described, 
and  the  same  shall  be  filed  in  the  office  of  the  Secre- 
tary of  State,  and,  when  so  filed,  shall  have  the  same 
effect  as  the  certificate  of  approval  specified  in  the 
preceding  section. 

§ 3.  As  soon  as  a site  or  sites  shall  have  been  se- 
lected and  determined  upon,  in  the  manner  herein- 
before provided,  if  they  shall  be  unable  to  acquire 
&tle  thereto,  in  behalf  of  the  people  of  the  State,  by 
purchase,  at  a price  which  shall  be  approved  by  the 
Governor,  they  may  acquire  title  thereto,  in  behalf 
he  said  people,  in  the  same  manner  and  by  the 


65 


same  proceedings  as  are  prescribed  for  acquiring  title 
to  lands  by  railroad  corporations  in  and  by  the  pro- 
visions of  chapter  one  hundred  and  forty  of  the  laws 
of  one  thousand  eight  hundred  and  fifty,  and  the 
acts  amendatory  thereof,  which  provisions,  so  far  as 
they  relate  to  acquiring  title  to  real  estate,  are  hereby 
extended  and  made  applicable  to  the  acquiring  title 
to  the  sites  aforesaid,  except  that  in  the  petition  to 
the  Supreme  Court  for  that  purpose,  it  shall  only  be 
necessary  to  describe  the  lands  required,  and  state 
that  they  have  been  designated  and  selected  as  au- 
thorized by  this  Act,  giving  the  name  of  the  person, 
party,  corporation  or  body  politic  claiming  or  having 
an  interest  therein,  and  that  said  Commissioners  have 
been  unable  to  acquire  title  thereto,  and  the  reason 
of  such  inability.  The  petition  shall  be  verified  by 
the  President  of  the  Board  of  Commissioners  of 
Quarantine,  and  may  be  presented  to  the  Supreme 
Court  at  any  General  or  Special  Term  appointed  to 
be  held  either  in  the  first  or  second  Judicial  Dis- 
tricts. 

§ 4.  The  sum  required  to  pay  for  any  lands  pur- 
chased as  hereinbefore  authorized,  or  to  pay  the 
amount  which  shall  be  awarded  and  directed  to  be 
paid  for  any  lands  the  title  to  which  shall  be  ac- 
quired by  the  proceedings  specified  in  the  last  pre- 
ceding section  of  this  Act,  shall  be  paid  out  of  the 


66 


proceeds  of  the  sale  of  the  marine  hospital  grounds 
as  hereinafter  directed,  and  upon  payment  of  the 
same,  the  title  to  said  lands  shall  become  vested  in 
the  people  of  the  State,  and  they  shall  be  held  and 
used  as  a part  of  the  permanent  quarantine  estab- 
lishment, and  the  said  Commissioners  shall,  as  soon 
as  title  thereto  shall  be  so  acquired,  immediately  pro- 
ceed to  erect  thereon  suitable  buildings  and  struc- 
tures, with  all  the  necessary  appurtenances,  and  fit 
up  the  same  for  the  purposes  for  which  said  lands 
were  acquired  ; and  no  person  shall  be  sent  to  such 
place  of  detention  who  is  sick  with  any  contagious 
or  infectious  disease,  and  in  case  any  person  sent 
there  shall  be  taken  sick  with  any  such  disease  he 
shall  be  forthwith  removed  to  the  quarantine  hospi- 
tal. 

§5.  The  Commissioners  of  Quarantine  are  hereby 
authorized  and  empowered  to  commute  with  the 
owner,  consignee  or  master  of  any  ship  or  vessel,  for 
the  charges  and  expenses  which  may  be  made  or  in- 
curred in  the  care,  treatment,  maintenance,  cleans- 
ing of  baggage,  or  burial  of  any  person  under 
quarantine,  who  shall  arrive  in  the  port  of  New  York, 
upon  such  ship  or  vessel,  by  receiving  from  such 
owner,  consignee  or  master,  such  a sum  for  each  per- 
son arriving  in  such  ship  or  vessel,  as  the  said  Com- 
missioners shall  deem  to  be  just  and  proper.  The 


67 


amount  so  paid  shall  be  in  lieu  of  all  charges  and 
expenses  now  authorized  by  law  to  be  collected  from 
such  owner,  consignee  or  master,  for  the  care,  treat- 
ment, maintenance  or  burial  of  any  person  under 
quarantine,  arriving  in  such  ship  or  vessel ; and  all 
persons  under  quarantine  for  whom  commutation, 
moneys  shall  be  so  paid,  shall  be  taken  care  of  and 
maintained  at  the  expense  of  the  funds  provided  for 
defraying  the  expenses  of  the  quarantine  so  received 
by  the  Commissioners,  shall  be  deemed  a part  of  the 
funds  provided  for  that  purpose. 

§ 6.  The  Board  of  Commissioners  created  by  the' 
Act  entitled  “ An  Act  in  relation  to  Quarantine  in  the 
Port  of  New  York,  and  providing  for  the  Construc- 
tion of  the  Permanent  Quarantine  Establishment,” 
passed  April  twenty-first,  eighteen  hundred  and 
sixty-six,  is  hereby  authorized  and  empowered  to  sell 
to  the  United  States,  so  much  of  the  marine  hospital 
grounds  specified  in  said  Act,  as  lies  on  the  north 
side  of  the  five  acres  heretofore  conveyed  to  them  by 
the  State,  at  such  a sum,  not  less  than  six  thousand 
dollars,  as  said  Board  may  deem  reasonable ; and 
also  so  much  of  said  grounds  as  the  United  States 
may  desire  to  purchase,  as  is  embraced  in  block 
number  seven,  laid  down  on  the  map  of  said  grounds, 
made  and  filed  pursuant  to  said  Act,  at  a sum  not 
less  than  the  value  at  which  said  lands  have  been 


68 


appraised  under  the  provisions  of  said  Act;  pro- 
vided before  such  sale  the  said  Board  shall  be  able  to 
procure  a release  of  the  lands  so  to  be  sold  from  the 
lien  of  the  mortgage  now  existing  thereon,  by  the 
payment  of  a sum  not  exceeding  fifty  per  cent,  of 
the  purchase  money  to  be  paid  upon  such  sale.  In 
case  said  Board  shall  make  a sale  of  any  of  said  lands 
pursuant  to  the  provisions  of  this  section,  they  shall 
certify  that  fact  to  the  Commissioners  of  the  Land 
Office,  and  thereupon  Letters  Patent  of  the  State  for 
so  much  of  said  lands  as  shall  be  sold,  shall  be  is- 
sued, and  on  the  payment  to  said  Board  of  the  pur- 
chase price  agreed  upon,  the  said  X^etters  Patent 
shall  be  delivered  to  the  United  States,  and  they 
shall  have  the  effect  to  vest  in  them  the  fee  of  the 
lands  therein  described,  together  with  all  the  right 
and  title  of  the  State  in  and  to  the  lands  under  water 
in  front  thereof,  five  hundred  feet  beyond  low  water  : 
mark. 

§ 7.  The  said  Board  of  Commissioners,  mentioned 
in  the  last  preceding  section,  are  also  hereby  author- 
ized and  empowered,  at  any  time  within  sixty  days 
after  the  passage  of  this  act,  or  within  such  further 
time  as  shall  be  designated  by  the  Governor,  to  sell 
and  dispose  of  the  whole  of  the  residue  of  the  said 
marine  hospital  grounds,  not  sold  to  the  United 
States,  as  hereinbefore  authorized,  including  the 


69 


portion  thereof  set  apart  and  reserved  for  a Landing 
and  Boarding  Station,  by  the  seventh  and  twelfth 
sections  of  the  act  hereinbefore  mentioned,  at  private 
sale,  at  and  for  such  sum  as  they  may  be  able  to  ob- 
tain, provided  the  sum  shall  not  be  less  than  four 
hundred  thousand  dollars,  including  the  amount 
which  shall  be  received  for  the  portion  of  sai 
grounds  conveyed  to  the  United  States.  In  case  the 
said  Board  shall  be  unable  to  effect  a sale  of  the 
same  upon  the  terms  aforesaid,  within  the  time 
above  specified,  it  shall  be  their  duty  immediately  to 
proceed  to  sell  the  same  in  one  parcel,  at  public  auc- 
tion, to  the  highest  bidder,  but  at  a sum  not  less  than 
that  which  shall  be  fixed  by  the  Governor,  Lieuten- 
ant-Governor and  Comptroller,  or  a majority  of  them, 
and  which  sum  shall  not  be  less  than  the  appraised 
value  of  the  whole  of  said  grounds  as  specified  m 
the  appraisement  made  and  filed  pursuant  to  the 
Act  aforesaid.  In  either  case,  such  sale  shall  be 
made  subject  to  a reservation  of  the  use,  lor  a period 
of  not  exceeding  three  years  from  the  date  of  the 
passage  of  this  Act,  of  so  much  said  grounds  as  are 
excepted  from  sale  by  the  seventh  section  of  said  Act, 
as  the  Commissioners  of  Quarantine  may  deem  ne- 
cessary to  keep  and  reserve,  during  that  period,  for  a 
Landing  and  Boarding  Station,  and  such  other  pur- 
poses as  are  specified  in  the  twelfth  section  of  said 
Act.  Such  sale  at  public  auction  shall  be  at  the  place 


70 


and  upon  the  notice  specified  in  said  Act  in  reference 
to  the  sale  therein  directed,  and  the  terms  of  sale 
shall  require  the  purchaser  to  pay  to  said  Board  the 
sum  of  ten  per  cent,  of  the  amount  of  the  purchase 
money  at  the  time  of  the  sale  and  the  residue  on  the 
delivery  of  letters-patent,  for  said  lands,  within 
thirty  days  thereafter. 

§ 8.  In  case  said  lands  shall  he  sold  at  public  auc- 
tion, the  said  Board  of  Commissioners,  immediately 
upon  such  sale,  shall  certify  that  fact  to  the  Commis- 
sioners of  the  Land  Office,  giving  the  name  of  the 
purchaser  or  purchasers,  and  the  amount  of  the  bid, 
and  thereupon  letters-patent  of  the  State  shall  issue 
to  such  purchaser  or  purchasers,  and  upon  payment 
of  the  residue  of  the  purchase  money  to  said  Board 
of  Commissioners,  within  thirty  days  after  such  sale, 
or  within  such  further  time,  not  exceeding  three 
months,  as  shall  be  granted  by  said  Board,  the  said 
letters-patent  shall  be  delivered  to  such  purchaser  or 
purchasers,  and  upon  such  delivery  thej^  shall  have 
the  effect  to  vest  in  him  or  them  the  fee  of  the  lands 
therein  described,  free  and  clear  of  all  encumbrances, 
together  with  all  the  lands  under  water  in  front 
thereof,  five  hundred  feet  beyond  low  water  mark. 
In  case  the  purchaser  or  purchasers  shall  fail  to  pay 
the  residue  of  said  purchase  money  within  the  time 
hereinbefore  specified,  he  or  they  shall  forfeit  the  ten 


71 


per  cent,  so  paid,  and  tlie  said  Board  shall  thereupon 
again  advertise,  and  offer  said  land  for  sale  at  public 
auction,  in  like  manner  as  if  the  same  had  not  before 
been  offered  for  sale ; and  at  all  meetings  of  said 
Board,  or  of  the  Commissioners  of  Quarantine,  in  the 
discharge  of  their  duties,  a majority  shall  be  suffi- 
cient for  the  transaction  of  business,  all  the  members 
having  been  duly  notified  to  attend. 

§ 9.  Before  making  such  sale,  said  Board  shall 
cause  the  remains  of  all  persons  buried  upon  said 
grounds,  as  far  as  practicable,  to  be  removed,  and  re- 
interred in  the  quarantine  burying  ground,  or  some 
other  suitable  place,  and  the  expenses  thereof  shall 
be  paid  out  of  the  moneys  arising  from  such  sale. 

§ 10.  The  proceeds  arising  from  the  sale  of  said 
lands  shall  be  disposed  of  and  applied  by  said  Board 
as  follows  : 

1.  They  shall  therefrom  pay  the  cost  of  appraising 
and  advertising  said  lands  and  the  expenses  of  said 
sale. 

2.  They  shall  next  apply  so  much  thereof  as  may 
"be  necessary  to  pay  off  and  discharge  the  mortgage 
now  existing  upon  said  lands  ; but  the  Commission- 
ers of  Emigration  shall  be,  and  they  are  hereby  re- 
quired and  directed  to  furnish  and  provide,  out  of 


72 


the  funds  in  their  hands,  towards  the  payment  of 
said  mortgage,  the  sum  of  fifty  thousand  dollars,  that 
sum  being  deemed  the  fair  proportion  thereof  which 
should  be  paid  by  them  as  a condition  of  having  the 
lands  held  by  them  on  Ward’s  Island,  and  covered 
by  said  mortgage,  released  from  the  lien  thereof. 

3.  They  shall  next  pay  therefrom  any  sum  required 
to  be  paid  under  and  pursuant  to  the  provisions  of 
the  fourth  section  of  this  Act. 

4.  They  shall  next  pay  therefrom  the  expenses  in- 
curred in  removing  and  reinterring  the  remains  of 
deceased  persons  pursuant  to  the  provisions  of  this 
Act. 

5.  The  residue  of  said  moneys  shall  immediately 
be  paid  by  them  into  the  State  Treasury,  to  reimburse 
to  the  Treasury  such  sum  as  shall  be  paid  therefrom 
pursuant  to  the  provisions  of  the  Act  hereinbefore 
mentioned  ; and  such  residue  is  hereby  appropriated 
to  that  purpose  ; and  at  the  time  of  the  payment 
thereof  they  shall  furnish  to  the  Comptroller  an  ac- 
count verified  by  the  Treasurer  of  said  Board,  show- 
ing the  whole  amount  of  moneys  realized  from  such 
sales,  and  the  payments  made  by  them  therefrom. 

§ 11.  Immediately  after  the  passage  of  this  Act, 
and  every  two  years  thereafter,  the  Governor  shall 


73 


nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  a special  Port  Warden  in 
and  for  the  Port  of  New  York,  whose  duty  it  shall  be 
to  act  as  Warden  in  regard  to  vessels  under  or  sub- 
ject to  quarantine,  but  his  duties  shall  not  extend  to 
vessels  stopping  at  quarantine  for  the  Purpose  of 
visitation  only  by  the  Health  Officer,  but  winch  shall 
not  be  detained . The  person  so  appointed  shall  hold 
his  office  for  two  years,  and  until  his  successor  is  ap- 
pointed and  qualified ; and  in  reference  to  vessels  or 
merchandise  under  or  subject  to  quarantine,  he  sha 
possess  all  the  powers  of  a Port  Warden  in  the  or 
of  New  York,  but  he  shall  discharge  his  duties  under 
and  subject  to  such  regulations  as  the  Health  Officer 
shall  see  fit  to  impose  for  the  protection  of  the  pub- 
lic health  ; he  shall  be  entitled  to  receive  for  each 
survey  or  examination  made  by  him  the  sum  of  ve 
dollars,  and  shall  make  returns  to  the  Warden’s  office, 
in  the'  City  of  New  York,  of  each  survey  made  by 
him  within  twenty-four  hours  after  the  same  shall  be 
made  : and  he  may  appoint  a deputy,  who,  during 
his  absence  or  inability  to  serve,  may  perform  all  his 
duties  and  exercise  all  his  powers  ; and  so  much  of 
any  existing  law  as  authorizes  the  appointment  of 
Port  Wardens  to  act  under  quarantine,  other  than 
the  one  hereinbefore  specified,  is  hereby  repealed. 

§ 12.  (Amends  section  45  of  the  Act  of  1863,  and 
is  incorporated  into  tliat  section. 


74 


§ 13.  So  much  of  chapter  seven  hundred  and  fifty- 
one  of  the  laws  of  one  thousand  eight  hundred  and 
sixty-six  as  is  inconsistent  with  the  provisions  of  this 
Act,  is  hereby  repealed. 

§ 14.  (Amends  section  39  of  the  Act  of  1863,  and  is 
incorporated  into  that  section.  Also  amends  sec- 
tion 46  of  same  Act. 

§ 15.  This  act  shall  take  effect  immediately. 


75 


Extract  from  Chapter  717  of  the  Laws  of  1868, 

ENTITLED 

“ An  Act  making  appropriation  for  certain  expenses 
of  government,  and  for  supplying  deficiencies  in 
former  appropriations.”  Passed  May  8, 1868. 

For  the  Board  of  Commissioners  constituted  by  the 
act  entitled  “ An  act  in  relation  to  quarantine  in  the 
port  of  New  York,  and  providing  for  the  construction 
of  the  permanent  quarantine  establishment,’  passed 
April  twenty-first,  eighteen  hundred  and  sixty-six, 
the  sum  of  fifty  thousand  dollars,  to  enable  said 
board  to  erect  an  exterior  wall  and  foundation  on 
west  bank,  in  the  lower  bay  of  New  York,  on  which 
to  erect  such  buildings  and  appurtenances  as  may  be 
necessary  for  use  for  the  reception  and  detention  of 
persons  who  have  been  exposed  to  contagious  or  in- 
fectious diseases,  but  are  not  actually  sick,  and  also 
for  use  as  a landing  and  boarding  station  for  quaran- 
tine purposes  ; but  the  said  exterior  wall  and  founda- 
tion shall  be  erected  according  to  the  plans  and  spe- 
cifications made  by  a competent  engineer,  to  be  se- 
lected by  said  board ; and  the  materials  therefor  shall 
be  furnished  and  the  work  thereon  shall  be  per- 
formed by  contract,  to  be  entered  into  in  the  manner 
prescribed  by  the  fourth  section  of  said  act,  except 
that  separate  portions  of  said  work  may  be  let  by 
separate  contracts,  and  except  also  that  said  board 
may,  in  its  discretion,  reject  any  bid  which  it  may 
not  deem  for  the  interest  of  the  State  to  accept. 


76 


Extract  from  Chapter  492,  Laws  of  1870,  entitled 

“An  Act  making  appropriations  for  certain  expenses 
of  government,  and  for  supplying  deficiencies  m 
former  appropriations,”  passed  April  28,  1870. 

For  the  Board  of  Commissioners  constituted  by  the 
act  entitled  “ An  act  in  relation  to  quarantine  in  the 
port  of  New  York,  and  providing  for  the  construction 
of  the  permanent  quarantine  establishment,”  passed 
April  twenty-first,  one  thousand  eight  hundred  and 

sixty-six,  the  sum  of  two  hundred  thousand  dollars, 
to  be  applied  by  said  board  as  follows  : first , to  the 
payment  of  the  amount  now  due  for  “ extra  work 
done  under  its  permission  or  direction  in  strengthen- 
ing, furnishing  and  fitting  up  the  hospital  erected 
under  said  act,  and  to  the  payment  of  the  neccessary 
expenses  which  may  be  incurred  by  said  board  in  the 
discharge  of  the  duties  imposed  upon  it  by  law; 
second,  to  defray  the  expense  of  erecting  a suitable 
dock  or  wharf  connected  with  said  hospital,  in  con- 
formity with  the  contract  already  entered  into  there- 
for by  said  board  ; third , to  defray  the  expense  of  en- 
larging the  rip-rap  around  said  hospital  to  the  extent 
recommended  by  the  engineer  of  said  board  and  to 
provide  said  hospital  with  more  suitable  means  for 
heating  the  buildings  and  extingui  hing  fires,  and 
with  such  additional  facilities  as  shall  be  necessary 
for  the  care  of  the  sick,  or  the  discharge  of  the  du- 


77 


ties  of  the  persons  employed  therein  •,  fourth,  to  defray 
the  expense  of  providing,  fitting  np  and  furnishing  a 
residence  for  the  Heath  Officer  (the  work  to  be  done 
under  his  direction  and  the  expense  thereof  to  he 
audited  by  him),  with  all  necessary  appurtenances, 
as  convenient  to  the  boarding  station  as  practicable; 
and  until  a permanent  residence  connected  with  such 
station  shall  be  provided  by  law,  said  board  shall 
lease  a residence,  with  a suitable  water  front,  to  be 
selected  by  the  Health  Officer,  provided  the  site  so 
selected  can  be  leased  at  an  annual  rental  not  ex- 
ceeding the  annual  interest  upon  the  value  of  the 
premises,  such  value  to  be  ascertained  by  appraisers 
appointed  by  said  board,  and  the  premises  so  leased 
shall,  during  the  period  of  such  lease,  be  exempt 
from  taxation  ; fifth,  to  the  payment  of  f ny  balance 
which  may  be  due  the  contractor  for  erecting  the 
boarding  station  on  west  bank,  over  and  above  the 
amount  which  he  may  receive  on  his  contract  under 
existing  appropriations,  and  to  defray  the  expense  of 
enlarging  the  rip-rap  around  said  boarding  station,  or 
taking  any  other  measures  which,  in  the  judgment  of 
said  board,  may  be  necessary,  during  the  current  year, 
to  strengthen  or  preserve  the  same  ; sixth,  the  resi- 
due of  said  moneys  shall  be  applied  to  defray  the  ex- 
pense of  erecting  suitable  buildings  on  said  boarding 
station  for  the -use  of  the  Health  Officer  and  his  assist- 
ants, and  for  the  reception  and  care  of  those  who 


78 


may  have  been  exposed  to  disease  and  may  be  sent 
there  by  him  ; but  such  buildings  shall  be  erected 
under  a contract  to  be  entered  into  therefor  in  the 
manner  prescribed  by  the  fourth  section  of  the  act 
aforesaid,  except  that  said  board  may,  in  its  discre- 
tion, reject  any  bid  which  it  may  not  deem  for  the 
interest  of  the  State  to  accept,  and  may  also  enter 
into  separate  contracts  for  separate  portions  of  said 
work. 

For  the  Commissioners  of  Quarantine,  for  the  care 
and  maintenance  of  the  quarantine  establishment, 
the  payment  of  the  employees  therein,  and  to  enable 
said  Commissioners  to  pay  such  expenses  as  shall  be 
necessarily  incurred  by  them  in  the  discharge  of 
their  official  duties  during  the  current  year,  the  sum 
of  fifty  thousand  dollars : and  said  Commissioners 
shall  also  therefrom  pay  the  running  expenses  of  a 
steamboat  for  boarding  vessels  and  transporting  the 
sick  and  burying  the  dead,  and  they  may,  from  time 
to  time,  upon  the  recommendation  of  the  Health 
Officer,  sell  and  dispose  of  any  hulk,  boat  or  hospital 
furniture  which,  in  his  judgment,  cannot  longer  be 
safely  or  properly  used  for  quarantine  purposes.  The 
proceeds  of  such  sale,  after  deducting  the  expenses 
thereof,  shall  be  applied  toward  defraying  the  expen- 
ses of  the  quarantine  establishment.  Said  Commis- 
sioners are  also  hereby  authorized  to  select  and  pro- 
cure a new  burying  ground  as  near  to  the  west  bank 


79 


hospital  as  practicable,  and  to  transfer  thereto  the  re- 
mains of  all  persons  buried  in  the  burying  grounds; 
at  Seguine’s  Point.  As  soon  as  such  selection  and 
transfer  shall  be  made,  they  shall  certify  that  fact  to 
the  Commissioners  of  the  Land  Office,  who  shall  then 
sell  and  dispose  of  said  last  mentioned  burying 
ground  in  the  manner  now  authorized  by  law.  *And 
to  enable  the  Health  Officer  to  enforce  that  sanitary 
discipline  among  the  employees  of  said  establishment 
which  is  necessary  to  the  prompt  and  efficient  dis- 
charge of  his  duties,  all  of  said  employees,  as  well  as 
all  persons  required  by  law  to  be  licensed  for  service 
under  quarantine,  shall  be  selected  and  licensed,  and 
may  at  pleasure  be  dismissed  by  him  ; and  the  com- 
pensation and  charges  for  services  of  all  persons  so 
selected  or  licensed  shall  be  fixed  and  determined  by 
said  Commissioners,  in  conjunction  with  the  Health 
Officer,  the  Mayor  of  the  City  of  New  York,  the  Presi- 
dent of  the  board  of  Aldermen  of  said  city,  and  the 
Mayor  of  the  City  of  Brooklyn.  And  for  the  purpose 
of  providing  suitable  warehouses  for  quarantine  pur- 
poses, a corporation  may  be  organized,  under  and 
pursuant  to  the  provisions  of  the  act  entitled  “An 
act  to  authorize  the  formation  of  a corporation  for  the 
purpose  of  erecting  warehouses  and  docks  in  the 
port  of  New  York  for  quarantine  purposes/’  passed 
April  twenty-nine,  eighteen  hundred  and  sixty  five,. 


* Repealed  in  1877,  by  Chap.  275,  Page  106. 


80 


for  the  purposes  and  with  all  the  powers  and  privil- 
eges and  subject  to  all  the  obligations  therein  speci- 
fied, except  that  the  restriction  contained  in  the  pro- 
viso of  the  second  section  of  said  act,  in  reference  to 
the  location  of  said  warehouses,  and  the  prohibition 
contained  in  the  third  section  thereof  in  reference  to 
merchandise  subject  to  an  obligatory  quarantine, 
shall  not  apply  to  such  corporation,  and  except  also 
that  whenever  in  and  by  said  act  anything  is  re- 
quired or  permitted  to  be  done  with  the  approval  of 
the  Commissioners  of  Quarantine,  it  may  be  done 
either  with  their  approval  or  with  the  approval  of  the 
Health  Officer. 

For  the  Health  Officer  of  the  Port  of  New  York,  the 
sum  of  five  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  to  pay  the  salaries  of  not  exceed- 
ing five  policemen  at  quarantine.  Such  policemen 
shall  be  appointed  and  may  at  pleasure  be  dismissed 
by  him,  and  they  shall  perform  patrol  and  police 
duty  under  his  direction,  in  connection  with  the 
quarantine  establishment,  and  upon  the  waters  of 
the  Bay  of  New  York;  and  they  shall  possess  all  the 
powers  possessed  by  policemen  in  the  cities  of  New 
York  and  Brooklyn. 


81 


Extract  from  Chapter  715,  Laws  of  1871,  entitled 

“ An  Act  making  appropriations  for  certain  expenses 
of  Government,  and  for  supplying  deficiencies  in 
former  appropriations.”  Passed  April  26th,  1871. 

For  the  Board  of  Commissioners  constituted  by  the 
Act  entitled  “ An  Act  in  relation  to  quarantine,  and 
providing  for  the  construction  of  the  permanent 
quarantine  establishment,”  passed  April  twenty-first, 
eighteen  hundred  and  sixty-six,  the  sum  of  two  hun- 
dred thousand  dollars,  to  be  applied  by  said  board  to 
the  payment  of  the  existing  obligations  of  said  board 
for  work  done  under  its  authority,  to  the  payment  of 
the  rent  which  shall  become  due  upon  the  lease  en- 
tered into  by  said  board,  pursuant  to  chapter  four 
hundred  and  ninety-two  of  the  laws  of  eighteen 
hundred  and  seventy,  to  the  payment  of  such  amount 
as  the  Health  Officer  of  the  port  of  New  York  shall 
certify  to  be  due  to  any  person  for  labor  and  services 
performed  or  materials  furnished  in  fitting  up  and 
furnishing  the  residence  of  the  Health  Officer  and  his 
deputies,  with  their  appurtenances,  to  the  completion 
of  the  island  on  West  Bank  for  a boarding  station 
and  for  the  erection  and  equipment  of  suitable  build- 
ings on  said  island,  for  the  reception  of  passengers 
who  may  have  been  exposed  to  disease,  and  who  may 
be  sent  there  by  the  Health  Officer  ; provided,  how- 
ever, that  such  buildings  shall  be  erected  upon  plans 


82 


approved  by  the  Health  Officer,  and  under  a contract 
to  be  entered  into  therefor  in  the  manner  prescribed 
in  the  fourth  section  of  the  Act  aforesaid,  except  that 
said  board  may,  in  its  discretion,  reject  any  bid 
which  it  may  not  deem  for  the  interest  of  the  State 
to  accept,  and  it  may  also  enter  into  separate  contracts 
for  separate  portions  of  said  work. 

For  tho  Commissioners  of  Quarantine  for  the  care 
and  maintenance  of  the  quarantine  establishment, 
the  payment  of  the  employees  therein,  and  to  enable 
the  said  Commissioners  to  pay  such  expenses  as  shall 
be  necessarily  incurred  by  them  in  the  discharge  of 
their  official  duties  during  the  current  year,  the  sum 
of  sixty  thousand  dollars,  and  said  Commissioners 
shall  also  therefrom  pay  the  running  expenses  of  a 
steamboat  for  boarding  vessels  and  transporting  the 
sick  and  burying  the  dead. 

For  the  said  Commissioners  of  Quarantine  for  the 
purpose  of  repairing  and  providing  new  boilers  for 
the  steamboats  Andrew  Fletcher  and  Governor  Fen- 
ton, the  sum  of  ten  thousand  four  hundred  dollars. 

For  fitting  up  the  Illinois  at  quarantine,  fifteen 
thousand  dollars. 

For  the  Health  Officer  of  the  Port  of  New  York  the 
sum  of  five  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  to  pay  the  salaries  of  not  exceeding 
five  policemen  of  Quarantine  ; such  policemen  may 
be  appointed  and  may  at  pleasure  be  dismissed  by 


83 


him  ; and  they  shall  perform  patrol  and  police  duty 
under  his  direction  in  connection  with  the  quaran- 
tine establishment  and  upon  the  waters  of  the  bay  of 
New  York  ; and  they  shall  possess  all  the  powers 
possessed  by  policemen  in  the  cities  of  New  York  and 
Brooklyn.  And  any  person  arrested  by  either  of  said 
policemen  for  violating  any  law  relating  to  quaran- 
tine, in  said  port,  may  be  taken  by  him  before  any 
court  of  criminal  jurisdiction,  or  any  magistrate  or 
police  justice,  within  the  county  of  Richmond,  and 
thereupon  the  court,  magistrate  or  police  justice 
before  whom  such  offender  shall  be  brought,  shall 
have  jurisdiction  to  hear,  try  and  punish  the  offense 
committed  by  him,  in  the  same  manner  and  with  the 
like  effect  as  if  the  same  had  been  committed  within 
the  limits  over  which  such  court,  magistrate  or  police 
justice  has  jurisdiction  to  punish  offenses  under  ex- 
isting laws. 

To  Thomas  H.  Farron,  for  materials  furnished 
and  labor  paid  for  in  the  improvement  of  the  Quaran- 
tine grounds  at  Staten  Island,  the  alteration,  refitting 
and  furnishing  of  the  residence  of  the  Health  Officer 
and  his  assistants,  twelve  thousand  five  hundred  and 
ninety-six  dollars  and  fifty-three  cents,  to  be  paid  on 
the  certificate  of  the  Health  Officer;  and  for  the  per- 
sonal services  of  the  said  Thomas  H.  Farron,  five 
thousand  dollars. 

For  the  said  Board  of  Commissioners,  twelve  thou- 


81 


sand  dollars,  for  rent  and  keeping  in  order  of  that 
portion  of  the  quarantine  establishment  leased  by 
said  Commissioners,  under  the  provisions  of  chapter 
four  hundred  and  ninety-two  of  the  laws  of  eighteen 
hundred  and  seventy,  to  be  paid  only  upon  state- 
ments and  estimates  being  first  submitted  to  and  ap- 
proved by  the  Comptroller. 

For  George  W.  Wilson,  lessee  of  docks  at  Coney 
Island,  for  expenses  incurred  by  him  in  consequence 
of  the  proceedings  to  take  a part  of  Coney  Island  for 
quarantine  purposes,  under  chapter  seven  hundred 
and  seventeen  of  the  laws  of  eighteen  hundred  and 
sixty-eight,  three  thousand  dollars. 

For  the  Commissioners  appointed  to  confer  with 
the  State  of  New  Jersey,  in  regard  to  quarantine 
jurisdiction,  boundary  line,  et  cetera,  pursuant  to 
section  seven  of  chapter  six  hundred  and  thirteen  of 
the  laws  of  eighteen  hundred  and  sixty-five,  for  com- 
pensation and  expenses,  three  thousand  dollars. 

Chapter  722,  Laws  of  1871,  entitled 

“An  act  amendatory  of  and  supplemental  to  the  fol- 
lowing acts,”  namely,  an  act  entitled  “An  act 
establishing  a quarantine,  and  defining  the  quali- 
fications, duties  and  powers  of  the  Health  O&cer 
for  the  harbor  and  port  of  New  York,”  passed  April 
twenty-ninth,  eighteen  hundred  and  sixty-three  ; 


85 


an  act  entitled  “ An  act  in  relation  to  quarantine  m 
the  port  of  New  York,  and  providing  for  the  con- 
struction of  the  permanent  quarantine  establish- 
ment,” passed  April  twenty-one,  eighteen  hundred 
aud  sixty -six  ; an  act  entitled  uAn  act  in  relation 
to  quarantine  in  the  port  of  New  York,  and  to 
amend  existing  acts  relative  thereto,”  passed  April 
twenty-two,  eighteen  hundred  and  sixty-nine  ; and 
an  act  entitled  “An  act  in  relation  to  the  sale  of  the 
Marine  Hospital  grounds,”  passed  May  nineteenth, 
eighteen  hundred  and  sixty-eight.'  Passed  April 
26th,  1871. 

Whereas,  In  the  year  eighteen  hundred  and  fifty - 
two  the  Commissioners  of  Emigration  of  the  State  of 
New  York  held  in  fee  certain  lands  and  buildings  on 
Ward’s  Island,  comprising  the  State  emigrant  hos- 
pital and  refuge  establishment,  and  in  trust  for.  the 
people  of  this  State  certain  other  lands  and  buildings 
on  Staten  Island,  comprising  the  marine  hospital  and 
quarantine  establishment,  of  which  the  said  Com- 
missioners then  had  control ; and 

Whereas , The  expenses  incurred  in  the  manage- 
ment of  the  said  marine  hospital  were  so  great  as  to 
compel  the  said  Commissioners  to  mortgage  the  said 
lands  on  Staten  Island  and  Ward’s  Island  for  the  sum 
of  two  hundred  thousand  dollars.  Which  mortgage 
was  given  with  the  express  consent  of  the  Governor, 


86 


Attorney-General  and  Comptroller  of  the  State,  as  re- 
quired by  law  ; and, 

Whereas,  By  an  act  passed  March  six,  eighteen 
hundred  and  fifty-seven,  chapter  eighteen,  the  con- 
trol of  the  quarantine  establishment  was  taken  from 
the  said  Commissioners  of  Emigration  and  vested  in 
a Board  of  Quarantine  Commissioners  ; and  by  a 
further  act  passed  April  twenty  nine,  eighteen 
hundred  and  sixty-three,  chapter  three  hundred 
and  fifty-eight,  the  said  Commissioners  of  Emigra- 
tion were  directed  to  execute  and  acknowledge  a 
suitable  and  proper  conveyance  to  the  State  of  all 
their  right,  title  and  interest  in  the  said  lands  on 
Staten  Island  as  held  by  them  in  trust  and  by  an 
amendment  to  the  said  last-mentioned  act,  passed 
April  twenty-five,  eighteen  hundred  and  sixty -four, 
chapter  three  hundred  and  ninety-eight,  confirmed 
by  an  act  passed  April  twenty- second,  eighteen 
hundred  and  sixty-seven,  chapter  five  hundred  and 
forty-three,  “the  sum”  required  and  directed  to  be 
furnished  by  the  Commissioners  of  Emigration  to- 
wards the  payment  of  said  mortgage  “is  fixed  at  fifty 
thousand  dollars,”  that  sum  being  deemed  the  fair 
proportion  thereof  which  should  be  paid  by  them  as; 
a condition  of  having  the  lands  held  by  them  on 
Ward’s  Island,  and  covered  by  said  mortgage,  released 
from  the  lien  thereof ; and. 

Whereas , Notwithstanding  said  apportionment,  and 


87 


although  since  the  appointment  of  the  Quarantine 
Commissioners  in  eighteen  hundred  and  fifty-seven, 
the  said  Commissioners  of  Emigration  have  derived 
no  benefit  from  the  said  quarantine  lands  on  Staten 
Island,  and  have  been  relieved  of  the  duties  con- 
nected therewith  formerly  imposed  on  them,  they 
have,  nevertheless,  been  required  to  pay  out  of  the 
fund  supplied  by  emigrants,  in  accordance  with  law, 
the  interest  on  the  whole  amount  of  said  mortgage 
of  two  hundred  thousand  dollars,  of  which  one  hun- 
dred and  fifty  thousand  dollars  was  debt  incurred  in 
support  of  the  marine  hospital  at  quarantine  and  ac- 
knowledged as  such  by  the  Legislature  of  eighteen 
hundred  and  sixty-four  ; and, 

Whereas,  Considerations  of  justice  and  public  poli- 
cy alike  require  that  the  interest  so  paid  on  said  sum 
of  one  hundred  and  fifty  thousand  dollars,  should 
be  refunded  by  the  State  to  the  Commissioners  of 
Emigration,  in  order  that  the  money  thus  temporarily 
diverted  from  the  Commutation  Fund  may  be  ap- 
plied to  the  legitimate  purposes  contemplated  in  the 
establishment  of  such  fund  ; therefore, 

The  people  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  The  Lieutenant-Governor,  Attorney- 
General  and  Comptroller  are  hereby  authorized  and 
directed  to  examine  into  the  validity  and  legality  of 


88 


the  claim  against  the  State  for  the  payment  of  inter- 
est by  the  Commissioners  of  Emigration,  as  set  forth 
in  the  foregoing  preamble,  and  to  report  to  the  next 
legislature  whether  in  their  judgment  said  claim  is  a 
legal  and  valid  claim  against  the  State. 

Section  2.  This  act  shall  take  effect  immediately. 

Extract  erom  Chapter  733,  Laws  of  1872,  entitled 

“ An  Act  making  appropriation  for  certain  expenses 
of  government,  and  for  supplying  deficiencies  in 
former  appropriations.”  Passed  May  15,  1872. 

For  the  Commissioners  appointed  to  confer  with 
the  State  of  New  Jersey  in  regard  to  quarantine  j uris- 
diction,  boundary  line,  etc.,  pursuant  to  section 
seven,  chapter  six  hundred  and  thirteen,  laws  of 
eighteen  hundred  and  sixty-five,  for  compensation 
and  expenses,  three  thousand  dollars. 

For  the  Heath  Officer  of  the  Port  of  New  York,  the 
sum  of  four  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  to  pay  the  salaries  of  not  exceed- 
ing four  policemen,  at  quarantine,  on  the  average, 
during  the  year  eighteen  hundred  and  seventy-two; 
such  policemen  may  be  appointed  and  dismissed  by 
him  at  pleasure,  and  they  shall  perform  patrol  and 
police  duty  under  his  direction,  in  connection  with 
the  quarantine  establishment,  and  upon  the  waters  of 
the  Bay  of  New  York,  and  they  shall  possess  all  the 


89 


powers  possessed  by  policemen  in  the  cities  of  New 
York  and  Brooklyn  ; and  any  person  arrested  by 
either  of  said  policemen  for  violating  any  law  relat- 
ing to  quarantine  in  said  port,  may  be  taken  by  him 
before  any  court  of  criminal  jurisdiction,  or  any 
magistrate  or  police  justice,  within  the  County  of 
Richmond,  and  thereupon  the  court,  magistrate  or 
police  justice,  before  whom  such  offender  shall  be 
brought,  shall  have  jurisdiction  to  hear,  try  and  pun- 
ish the  offender  for  the  offense  committed  by  him,  in 
the  same  manner,  and  with  the  like  effect,  as  if  the 
same  had  been  committed  within  the  limits  over 
which  such  court,  magistrate  or  police  justice  has 
jurisdiction  to  punish  for  offenses  under  existing 
laws. 

For  the  Commissioners  of  Quarantine,  for  the  pay- 
ment of  existing  obligations  incurred  under  the  au- 
thority for  fitting  up  the  hospital  ship  Illinois,  the 
sum  of  twenty  thousand  three  hundred  and  seventy- 
nine  dollars  and  seven  cents  ; for  repairs  on  steam- 
boats Andrew  Fletcher  and  Governor  Fenton,  eleven 
thousand  five  hundred  and  sixteen  dollars  and 
eighteen  cents;  and  for  indebtedness  on  account  of 
cholera,  seventeen  thousand  eight  hundred  and 
forty-nine  dollars  and  sixty -two  cents;  for  the  rent 
and  keeping  in  order  of  that  portion  of  the  quarantine 
establishment  leased  under  and  in  pursuance  of  the 
provisions  of  chapter  four  hundred  and  ninety-two 


90 


of  the  laws  of  eighteen  hundred  and  seventy,  the 
sum  of  fifteen  thousand  dollars;  for  the  care  and 
maintenance  of  the  quarantine  establishment,  and 
defraying  the  necessary  expenses  of  said  board  in 
the  discharge  of  the  duties  imposed  upon  it  by  law, 
the  sum  of  fifty-six  thousand  dollars;  and  said  Com- 
missioners shall  also  therefrom  pay  the  running  ex- 
penses of  a steamboat  for  boarding  vessels,  and  trans- 
porting the  sick  and  burying  the  dead. 

The  Commissioners  of  Quarantine  are  hereby  au- 
thorized and  empowered  to  select  a site,  to  be  ap- 
proved by  the  Health  Officer,  for  a boarding  station  . 
for  vessels  coming  from  non-infected  ports,  includ- 
ing* ^ practicable,  a residence  for  the  Health  Officer 
and  his  deputies,  and  to  purchase  or  enter  into  a 
contract  for  the  purchase  of  the  same,  upon  such 
terms  and  conditions  as  shall  be  approved  by  the 
Health  Officer,  and  the  Commissioners  of  the  Land 
Office.  But  such  site  shall  not  be  located  on  Long 
Island  or  Coney  Island. 

For  the  Board  of  Commissioners  constituted  by 
the  act  entitled  “ An  Act  in  relation  to  Quarantine, 
and  providing  for  the  construction  of  the  permanent 
Quarantine  Establishment,”  passed  April  twenty-one, 
eighteen  hundred  and  sixty-six,  in  addition  to  exist- 
ing appropriations,  the  sum  of  one  hundred  and 
ninety  thousand  dollars,  or  such  part  of  said  sum  as, 
in  the  opinion  of  the  Health  Officer,  may  be  required 


91 


for  the  following  purposes,  namely  : For  the  purpose- 
of  defraying  the  necessary  expenses  of  said  board  in 
the  discharge  of  the  duties  imposed  upon  it  by  law, 
and  for  the  erection  and  equipment  of  suitable  build- 
ings on  the  island  at  West  Bank,  for  the  reception  and 
care  of  passengers  who  may  have  been  exposed  to  dis- 
ease, and  who  may  be  sent  there  by  the  Health  Offi- 
cer; such  buildings  shall  be  erected  under  a contract 
to  be  entered  into  therefor  in  the  manner  prescribed 
in  the  fourth  section  of  the  aforesaid  act,  passed 
April  twenty-one,  eighteen  hundred  and  sixty-six, 
except  that  said  board  shall  award  the  contract  to 
the  lowest  responsible  bidder;  but  it  may  in  its  dis- 
cretion reject  any  bid  which  it  may  not  deem  for  the 
interest  of  the  State  to  accept;  and  it  may  also  enter 
into  separate  contracts  for  separate  portions  of  said 
work,  and  for  the  necessary  care  and  preservation  of 
the  quarantine  establishment  structures  on  West 
Bank  Island,  provided  that  the  plans  for  such  build- 
ings and  the  bids  for  the  construction  thereof,  shall 
be  approved  by  the  present  Health  Officer. 

And  the  lower  of  the  West  Bank  islands,  built 
under  the  direction  of  Dr.  Swinburne,  shall  here- 
after be  known  and  designated  as  Swinburne  Hospi- 
tal Island. 

For  the  owners  of  the  lands  on  Staten  Island,  con- 
veyed to  them  by  the  State  by  Letters  Patent  dated 
January  fourteen,  eighteen  hundred  and  sixty-nine,. 


the  sum  of  six  thousand  dollars,  or  so  much  thereof  j 
as  the  Comptroller  shall  ascertain  and  determine  to 
have  been  paid  by  them  for  interest  accruing  prior  to 
May  first,  eighteen  hundred  and  seventy-one,  on  the 
mortgage  executed  by  the  Commissioners  of  Emigra- 
tion on  said  lands,  and  for  costs  and  expenses  paid 
by  said  owners  by  reason  of  an  action  brought  to 
foreclose  said  mortgage,  and  for  interest  on  such 
moneys  paid  for  such  interest,  costs  and  expenses  of 
foreclosure  from  the  time  of  the  payment  of  the  same 
by  said  owners. 

The  time  for  the  corporation,  formed  under  the 
authority  of  chapter  four  hundred  and  ninety-two  of 
the  laws  of  eighteen  hundred  and  seventy,  for  the 
erection  of  warehouses  for  quarantine  purposes  to 
commence  its  operations  is  hereby  extended  for  the 
period  of  two  years  from  and  after  the  passage  of  this 
act;  and  said  corporation  shall  not  be  deemed  dis- 
solved if  it  shall  commence  its  operations  within  that 
period. 

So  much  of  chapter  four  hundred  and  ninety-two 
of  the  laws  of  eighteen  hundred  and  seventy  as  pro- 
vides for  the  exemption  from  taxation  of  the  premises 
leased  for  the  residences  of  the  Health  Officer  and 
his  deputies  is  hereby  repealed,  and  the  premises  so 
leased  shall  be  no  longer  exempt  from  taxation. 


93 


Chapter  18,  Laws  oe  1873,  entitled 

“An  act  to  authorize  the  Commissioners  of  Quaran- 
tine to  purchase  a steamboat  for  the  use  of  the 
quarantine  establishment  of  the  port  of  New  York, 
and  making  an  appropriation  therefor.”  Passed 
Feb.  18,  1873. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  The  Commissioners  of  Quarantine,  by 
and  with  the  approval  and  under  the  direction  of  the 
Health  Officer  of  the  port  of  New  York,  are  hereby 
authorized  to  purchase  or  procure  a steamboat  for 
the  use  of  the  quarantine  establishment  of  the  port 
of  New  York,  to  take  the  place  of  the  steamboat 
Andrew  Fletcher,  lately  destroyed  by  fire . 

§ 2.  The  Commissioners  of  the  Quarantine  are 
hereby  authorized  and  directed  to  use  the  wreck  or 
remains  of  the  Andrew  Fletcher  in  the  procuring  or 
construction  of  the  steamboat  hereby  authorized  to 
be  procured  or  purchased  for  the  purpose  herein 
specified,  or  to  convert  the  same  into  money  by  sale 
or  otherwise,  and  the  proceeds  of  such  disposition  or 
sale  shall  be  paid  into  the  treasury  of  the  State. 

§ 3.  The  sum  of  thirty  thousand  dollars,  or  so 


94 


much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated for  the  purpose  of  procuring  a steamboat  as 
herein  provided,  and  for  the  purpose  herein  desig- 
nated, and  the  treasurer  is  hereby  authorized  to  pay 
on  the  warrant  of  the  comptroller,  the  said  sum  of 
thirty  thousand  dollars,  or  so  much  thereof  as  is 
necessary,  as  herein  provided,  to  the  Commissioners 
of  Quarantine  of  the  port  of  New  York,  but  the 
comptroller  shall  not  draw  his  warrant  unless  pro- 
per vouchers  are  produced  to  him,  nor  unless  he  is 
furnished  with  satisfactory  proof  that  a suitable  and 
proper  steamboat  for  the  purpose  herein  contem-  : 
plated  has  been  procured  or  purchased  and  is  ready 
for  use. 

§ 4.  This  act  shall  take  effect  immediately. 

Extract  from  Chapter  643,  Laws  of  1873,  entitled 

■“  An  Act  to  provide  for  the  support  of  government, 

and  for  other  purposes.”  Passed  May  29,  1873. 

For  the  Commissioners  of  Quarantine,  for  salaries, 
to  each  of  them,  two  thousand  five  hundred  dollars, 
pursuant  to  chapter  two  hundred  and  fifty-eight,  of 
the  laws  of  eighteen  hundred  and  sixty-three;  and 
from  and  after  the  passage  of  this  act  the  Board  of 
Commissioners  constituted  by  chapter  seven  hundred 
and  fifty-one,  of  the  laws  of  eighteen  hundred  and 
sixty-six,  is  hereby  abolished,  and  the  powers  and 


95 


duties  of  said  board  are  hereby  devolved  upon  the 
Health  Officer  of  the  Port  of  New  York;  and  hereafter 
no  moneys  appropriated  for  the  completion  of  the 
quarantine  establishment  shall  be  used  for  the  pay- 
ment of  any  salary  or  compensation  of  any  officer; 
but  shall  be  devoted  exclusively  to  the  purposes  for 
which  it  is  appropriated,  and  no  salary  shall  be  paid 
to  any  officer  in  connection  with  the  quarantine  es- 
tablishment except  such  as  is  expressly  authorized 
and  provided  for  by  law. 

Extract  from  Chapter  760,  Laws  of  1873,  entitled 

"‘An  Act  making  appropriations  for  certain  expenses 
of  government  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed  June  13,  1873. 

For  the  Commissioners  of  Quarantine,  for  the  pay- 
ment of  rent  and  keeping  in  order  of  that  portion  of 
the  quarantine  establishment  leased  under  and  in 
pursuance  of  the  provisions  of  chapter  four  hundred 
and  ninety-two  of  the  laws  of  eighteen  hundred  and 
seventy,  the  sum  of  fifteen  thousand  dollars  or  so 
much  thereof  as  may  be  necessary;  for  the  care  and 
maintenance  of  the  quarantine  establishment  and 
defraying  the  necessary  expenses  of  said  board  (in- 
cluding a clerk,  whose  salary  shall  not  exceed  two 
thousand  dollars  a year)  in  the  discharge  of  the  du- 
ties imposed  upon  it  by  law,  the  sum  of  sixty  thous- 


96 


and  dollars,  and  the  said  Commissioners  shall  also 
pay  therefrom  the  running  expenses  of  a steamboat 
for  hoarding  vessels  and  transporting  sick  and  bury- 
ing the  dead;  also  the  taxes  which  have  accrued  or 
may  accrue  during  the  present  lease  of  the  property. 
The  sum  of  thirty  thousand  dollars,  or  such  parts  o 
said  sum  as  in  the  opinion  of  said  comptroller  may 
be  required  in  addition  to  the  balance  of  appropria- 
tion of  one  hundred  and  forty-three  thousand  one 
hundred  and  fifty-four  dollars  and  forty-five  cents,  by 
chapter  seven  hundred  and  thirty-three  of  the  laws 
of  eighteen  hundred  and  seventy-two,  to  the  Com- 
missioners constituted  by  the  act  entitled  1 An  c 
in  relation  to  Quarantine  and  providing  for  the  con- 
struction  of  a permanent  Quarantine  establish  men  , 
passed  April  twenty-first,  eighteen  hundred  and  six- 
ty-six, which  amount  is  hereby  re-appropriated^  to 
be  expended  by  said  Health  Officer  of  the  Port  of 
New  York  in  carrying  out  the  oDject  and  purpose  o 
the  original  appropriation,  and  for  the  following  ex- 
penses : For  constructing  on  Hoffman  s Isl^n^>  c 
terns,  sewers,  water  closets,  and  the  general  fitting 
up  of  wards  three,  four  and  five,  now  in  process  of 

construction,  and  for  engineer  services  and  expenses 

and  also  to  keep  in  repair  the  structure  and  hospital 

^ Fot  th^  Health  Officer  of  the  Port  of  New  York,  the 
sum  of  four  thousand  dollars,  or  so  much  thereof  as 


97 


may  be  necessary,  to  pay  the  salaries  of  not  exceed- 
ing four  policemen  at  quarantine,  on  the  average, 
during  the  year  eighteen  hundred  and  seventy-three. 
Such  policemen  may  be  appointed  and  dismissed  by 
him  at  pleasure,  and  they  shall  perform  patrol  and 
police  duty  under  his  direction  in  connection  with 
the  quarantine  establishment  and  upon  the  waters  of 
the  Bay  of  New  York,  and  they  shall  possess  all  the 
powers  possessed  by  policemen  in  the  cities  of  New 
York  and  Brooklyn;  and  any  person  arrested  by 
either  of  said  policemen  for  violating  any  law  or 
regulation  relating  to  quarantine,  in  said  port,  may 
be  taken  by  him  before  any  court  of  criminal  juris- 
diction, or  any  magistrate  or  police  justice  within 
the  County  of  Richmond,  and  thereupon  the  court, 
magistrate  or  police  justice,  before  whom  such  of- 
fender shall  be  brought,  shall  have  jurisdiction  to 
hear,  try  and  punish  the  offender  for  the  offense  com- 
mitted by  him  in  the  same  manner,  and  with  the 
like  effect,  as  if  the  same  had  been  committed  with- 
in the  limits  over  which  such  court,  magistrate  or 
police  justice  has  jurisdiction  to  punish  offences  un- 
der existing  laws;  for  the  payment  of  the  existing  ob- 
ligations incurred  under  the  authority  and  direction 
contained  in  chapter  seven  hundred  and  thirty-three, 
of  the  laws  of  eighteen  hundred  and  seventy-two,  to 
enter  into  the  contract  for  purchasing  a site  for  a 
boarding  station  for  vessels  coming  from  non -infected 


98 


ports,  and  buildings  included  therein,  these  amounts 
to  be  expended  under  the  direction  and  with  the  ap- 
proval of  the  Governor,  Health  Officer  of  the  Port  of 
New  York,  and  the  Board  of  Commissioners,  the  sum 
of  sixty  thousand  dollars,  to  fulfill  the  contract  here- 
tofore made  for  the  boarding  station  and  buildings 
included  aforesaid  for  the  erection  of  bulkhead, 
piers  and  dock,  and  for  obtaining  fresh  water  for 
steamboat;  for  grading,  for  necessary  repairs  to  exist- 
ing buildings,  the  further  sum  of  sixty  thousand 
dollars  or  so  much  thereof  as  may  be  necessary.  The 
warehouses,  docks  and  wharves  authorized  to  be  con- 
structed for  quarantine  purposes  by  the  corporation, 
formed  under  the  authority  of  chapter  492  of  the 
laws  of  1870,  may  be  erected  at  such  point  or  points 
in  the  Harbor  or  Bay  of  the  Port  of  New  York  as  shall 
be  designated,  and  upon  such  plans  as  shall  be  approv- 
ed by  the  Governor,  State  Engineer  and  Surveyor,  and 
Health  Officer  of  the  Port  of  New  York,  whose  duty 
it  shall  be  to  make  such  designation  within  four 
months  after  the  passage  of  this  Act,  and  said  cor- 
poration shall  not  be  deemed  dissolved  if  it  shall 
commence  its  operation  within  two  years  after  the 
passage  of  this  Act. 


99 


Extract  from  Chapter  323,  Laws  of  1874,  entitled 

“An  act  making  appropriations  for  certain  expenses 
of  government,  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed  May  5th,  1874. 

For  the  Commissioners  appointed  to  confer  with 
the  State  of  New  Jersey  in  regard  to  quarantine 
jurisdiction  and  boundary  lines,  pursuant  to  section 
seven,  chapter  six  hundred  and  thirteen  of  the  laws 
of  eighteen  hundred  and  sixty-five,  for  compensation 
and  expenses,  one  thousand  dollars  each. 

For  the  Board  of  Commissioners  of  Quarantine,  for 
the  care  and  maintenance  of  the  quarantine  estab- 
lishment and  defraying  the  necessary  expenses  of 
said  Board  in  the  discharge  of  duties  imposed  upon 
it  by  law,  the  sum  of  fifty-five  thousand  dollars  ; and 
said  Commissioners  shall  also  pay  therefrom  the 
running  expenses  of  a steamboat  for  boarding  vessels 
and  the  expenses  of  transporting  the  sick  and  bury- 
ing the  dead. 

For  the  Health  Officer  of  the  port  of  New  York,  the 
sum  of  four  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  to  pay  the  services  of  not  exceeding 
four  policemen  at  quarantine,  on  the  average,  during 
the  year  eighteen  hundred  and  seventy-four.  Such 
policemen  may  be  appointed  and  dismissed  by  him 
at  pleasure  ; and  they  shall  perform  patrol  and  police 
duty  under  his  direction  in  connection  with  the 


100 


quarantine  establishment  and  upon  the  waters  of  the 
bay  of  New  York  ; and  they  shall  possess  all  the 
powers  possessed  by  policemen  in  the  cities  of  New 
York  and  Brooklyn.  And  any  person  arrested  by 
either  of  said  policemen  for  violating  any  law  or 
regulation  relating  to  quarantine  in  said  port  may 
be  taken  by  him  before  any  court  of  criminal  juris- 
diction or  any  magistrate  or  police  justice  within  e; 
county  of  Richmond,  and  thereupon  the  court,  magis- 
trate or  police  justice  before  whom  such  offender 
shall  be  brought,  shall  have  jurisdiction  to  hear  try 
and  punish  the  offender  for  the  offense  committed 
by  him  in  the  same  manner  and  with  the  like  effec 
as  if  the  same  had  been  committed  within  the  limits 
over  which  such  court,  magistrate  or  police  justice 
has  jurisdiction  to  punish  for  offenses  under  existing 
Ls.  And  for  fencing  the  State  property  at  Seguine 
Point,  and  for  repairing  and  keeping  in  order  e 
burial  place  of  the  quarantine  dead,  the  sum  ot  one- 
thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary • and  for  the  completion  of  the  boarding  station 
at  Clifton,  Staten  Island,  in  addition  to  the  appropria- 
tion therefor  made  by  chapter  seven  hundred  and  sixty 
■of  laws  of  eighteen  hundred  and  seventy-three,  the 
further  sum  of  fifteen  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  to  be  expended  under 
the  direction  and  with  the  approval  of  the  Governor 
Comptroller  of  the  State,  Health  Officer  of  the  port  of 
Hew  York  and  the  Commissioners  of  Quarantine. 


101 


Extract  from  Chapter  398,  Laws  of  1874,  entitled 

“An  act  to  provide  for  the  support  of  government, 
and  for  other  purposes.”  Passed  May  9th,  1874. 

Eor  the  Commissioners  of  Quarantine,  for  salaries 
to  each  of  them,  two  thousand  five  hundred  dollars, 
pursuant  to  chapter  three  hundred  and  fifty-eight  of 
the  laws  of  eighteen  hundred  and  sixty-three.  And 
hereafter  no  moneys  appropriated  for  the  completion 
of  the  quarantine  establishment  shall  be  used  for  the 
payment  of  any  salary  or  compensation  of  any  officer, 
but  shall  be  devoted  exclusively  to  the  purposes  for 
which  it  is  appropriated  ; and  no  salary  shall  be  paid 
to  any  officer  in  connection  with  the  quarantine 
establishment,  except  such  as  is  expressly  authorized 
and  provided  for  by  law. 

i 

Extract  from  Chapter  634,  Laws  of  1875,  entitled 

“An  act  making  appropriations  for  certain  expenses 
of  government,  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed  June  21,  1875. 

For  the  Health  Officer  of  the  port  of  New  York, 
the  sum  of  four  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary  to  pay  the  services  of  not  ex- 
ceeding four  policemen  at  quarantine,  on  the  average, 
during  the  year  eighteen  hnndred  and  seventy-five. 
Hereafter  such  policemen  may  be  appointed  and  dis- 


102 


missed  by  him  at  pleasure ; and  they  shall  Perfo™ 
patrol  and  police  duty  under  his  direction  m con- 
nection with  the  quarantine  establishment  and  upon 
the  waters  of  the  bay  of  New  York;  and  they  shall 
possess  all  the  powers  possessed  by  policemen  m 
cities  of  New  York  and  Brooklyn  ; and  any  person 
arrested  by  either  of  said  policemen  for  violating  a y 
law  or  regulation  relating  to  quarantine  in  said  port 
may  be  taken  by  him  before  any  court  of  criminal 
jurisdiction,  or  any  magistrate  within  the  coun  y 
Richmond;  and  thereupon  the  court  or  magistrate 
before  whom  such  offender  shall  be  brought  dud 
have  jurisdiction  to  hear,  try  and  punish  the  offender 
for  the  offense  committed  by  him  in  the  same  manner 
and  with  the  line  effect  as  if  the  same  had  been  com- 
mitted within  the  limits  over  which  such  court  or 
magistrate  has  jurisdiction  to  punish  for  offenses 
under  existing  laws. 

The  corporation  formed  under  and  pursuant  to 
the  authority  of  chapter  four  hundred  and  nine  y- 
two,  of  the  laws  of  eighteen  hundred  and  seventy,  for 
the  purpose  of  constructing  warehouses,  docks  and 
wharves,  for  quarantine  purposes,  in  the  Bay  of  New 
York,  the  plans  for  which  and  the  location  of  said 
warehouses,  docks  and  wharves  having  been  recently 
made  and  determined  by  the  Governor,  State  Engin- 
eer and  Surveyor,  and  Health  Officer  of  the  or  o 
New  York,  under  and  pursuant  to  chapter  seven  hun- 


103 


■dred  and  sixty,  of  the  laws  of  eighteen  hundred  and 
seventy-three,  shall  not  be  deemed  dissolved  if  it 
shall  commence  its  operation  within  two  years  from 
the  passage  of  this  act. 

For  the  Board  of  Commissioners  of  Quarantine, 
for  the  care  and  maintenance  of  the  quarantine  es- 
tablishment, and  delraying  the  necessary  expenses 
of  said  board  in  the  discharge  of  duties  imposed 
upon  it  by  law,  fifty  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary. 

For  the  Commissioners  appointed  to  confer  with 
the  State  of  New  Jersey  in  regard  to  quarantine  jur- 
isdiction and  boundary  lines,  pursuant  to  section 
seven,  chapter  six  hundred  and  thirteen,  of  the  laws 
of  eighteen  hundred  and  sixty-five,  for  compensation 
and  expenses,  one  thousand  dollars  each. 

The  Board  of  Commissioners  of  Quarantine  are 
hereby  authorized  and  required  to  select  and  procure 
►a  new  burying  ground  as  near  to  the  West  Bank 
Hospital  as  practicable,  and  on  the  approval  by  the 
Governor,  of  such  selection  and  of  the  price  to  be 
paid  therefor,  not  to  exceed  the  appraised  value  of 
the  burying  ground  at  Seguin’s  Point,  as  hereinafter 
provided,  may  purchase  the  same  and  transfer  there- 
to the  remains  of  all  persons  buried  in  the  burying 
ground  at  Seguin’s  Point,  but  such  site  shall  not  be 
located  within  the  limits  of  Kings,  Queens  or  Suffolk 
eounties.  As  soon  as  such  selection  and  transfer 


104 


shall  be  made,  they  shall  certify  that  fact  to  the  Com- 
missioners of  the  Land  Office,  who  are  hereby  di- 
rected in  advance  of  such  purchase  to  cause  an  ap- 
praisal of  the  value  of  said  burying  ground  at  Se- 
guin’s  Point  to  be  made,  and  thereafter  to  sell  and 
dispose  of  the  same  at  public  auction  to  the  highest 
bidder,  in  the  same  manner  as  they  are  now  author- 
ized by  law  to  sell  other  State  lands,  and  as  soon  as 
such  purchase  is  made  such  transfer  of  bodies  shall 
take  place. 

Extract  from  Chapter  193,  Laws  of  1876,  entitled 

“An  Act  making  appropriations  for  certain  expenses 

of  government  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed  May  1,  1876 

For  the  Board  of  Commissioners  of  Quarantine, 
for  the  care  and  maintenance  of  the  quarantine  estab- 
lishment, the  sum  of  ten  thousand  dollars  or  so  much 
thereof  as  may  be  necessary,  to  be  expended  for  re- 
pairs, for  clerk  and  superintendent  hire  and  office 
rent  All  other  expenses  of  the  quarantine  establish- 
ment, incurred  by  the  Health  Officer,  including  the 
running  and  repairs  of  the  steamboats  and  mooring 
hospital  ship,  but  excepting  the  salaries  of  the  Com- 
missioners of  Quarantine,  shall  be  borne  and  paid  by 
such  Health  Officer. 

The  Health  Officer  shall  appoint  at  least  four  po~ 


105 


1 icemen,  whose  services  shall  be  paid  for  by  him* 
and  may  dismiss  them  or  either  of  them  at  pleasure, 
and  appoint  others  in  their  places.  Such  policemen 
shall  perform  patrol  and  police  duty  Tinder  the  direc- 
tion of  the  Health  Officer,  in  connection  with  the 
quarantine  establishment  and  upon  the  waters  of 
the  Bay  of  New  York,  and  they  shall  possess  all  the 
powers  possessed  by  policemen  in  the  cities  of  New 
York  and  Brooklyn,  and  any  person  arrested  by 
either  of  said  policemen  for  violating  any  law  or 
regulation  relating  to  quarantine,  in  said  port,  may 
be  taken  by  him  before  any  court  of  criminal  juris- 
diction, or  any  magistrate  or  police  justice  within 
the  County  of  Richmond,  and  thereupon  the  court, 
magistrate  or  police  justice  before  whom  such  of- 
fender shall  be  brought,  shall  have  jurisdiction  to 
hear,  try  and  punish  the  offender  for  the  offense 
committed  by  him  in  the  same  manner  and  with  the 
like  effect  as  if  the  same  had  been  committed  within 
the  limits  over  which  such  court,  magistrate  or  po- 
lice justice  has  jurisdiction  to  punish  for  offences, 
under  existing  laws. 


106 


Extract  from  Chapter  275,  Laws  oe  1877,  entitled 

4‘  An  Act  making  appropriations  for  certain  expenses 
of  government  and  supplying  deficiencies  in  for- 
mer appropriations.  Passed  May  16,  1877. 

For  the  Board  of  Commissioners  of  Quarantine,  for 
the  care  and  maintenance  of  the  quarantine  establish- 
ment, the  sum  of  ten  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  to  be  expended  for  re- 
repairs, for  clerk  and  superintendent  hire,  and  office 
rent. 

The  following  provision  of  chapter  fou^r  hundred 
and  ninety- two,  of  the  laws  of  eighteen  hundred  and 
seventy,  namely  : ‘‘And  to  enable  the  Health  Officer 
to  enforce  that  sanitary  discipline  among  the  em- 
ployees of  said  establishment,  which  is  necessary  to 
the  prompt  and  efficient  discharge  of  his  duties,  all 
of  said  employees,  as  well  as  all  persons  required  by 
law  to  be  licensed  for  service  under  quarantine, 
shall  be  selected  and  licensed,  and  may  at  pleasure 
be  dismissed  by  him,  and  the  compensation  and 
charges  for  services  of  all  persons  so  selected  or 
licensed,  shall  be  fixed  and  determined,  by  said 
Commissioners,  in  conjunction  with  the  Health  Offi- 
cer, the  Mayor  of  the  City  of  New  York,  the  Presi- 
dent of  the  Board  of  Aldermen  of  said  city,  and  the 
Mayor  of  the  City  of  Brooklyn,  is  hereby  repealed. 
The  Corporation  formed  under  and  pursuant  to  the 


107 


authority  of  chapter  four  hundred  and  ninety-two, 
of  the  laws  of  eighteen  hundred  and  seventy,  for  the 
purpose  of  constructing  warehouses,  docks  and 
wharves,  for  quarantine  purposes  in  the  Bay  of  New 
York,  shall  not  be  deemed  dissolved  if  it  shall  com- 
mence its  operations  within  two  years  from  the  pas- 
sage of  this  act. 

Extract  from  Chapter  252,  Laws  of  1878,  entitled 

“An  act  making  appropriations  for  certain  expenses 
of  government  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed  May  13,  1878. 

For  the  Commissioners  of  Quarantine,  for  repair  of 
rip-rap  or  sea-wall  of  Swinburne  Island,  repair  of 
machinery  and  dock,  and  for  painting ; for  repairs  of 
roof  of  buildings  on  Hoffman  Island  and  for  paint- 
ing ; for  repairs  of  boiler  of  steamer  N.  K.  Hopkins, 
and  for  painting  the  steamer;  for  repairs  of  the 
steamer  Illinois  and  the  residence  of  the  Health 
Officer  ; twenty  thousand  dollars.  And  for  the  care 
and  maintenance  of  the  quarantine  establishment, 
ten  thousand  dollars. 


108 


Extract  prom  Chapter  272,  Laws  op  1879,  entitled 

“An  act  making  appropriations  for  certain  expenses 
of  government  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed  May  13,  1879. 

For  the  Commissioners  of  Quarantine,  for  defi- 
ciency in  appropriations  for  repairs  of  the  quarantine 
steamboat,  the  hospital  ship  Illinois,  the  boiler  and 
engine  of  the  steamboat  N.  K.  Hopkins,  and  the  sea- 
wall of  Swinburne  Island,  the  sum  of  three  thousand 
three  hundred  and  seven  dollars  and  fifty -two  cents  ; 
and  for  the  care,  maintenance  and  repair  of  the 
quarantine  establishment,  seventeen  thousand  five 
hundred  dollars. 

The  Commissioners  of  Quarantine  are  hereby  au- 
thorized in  their  discretion,  but  with  the  approval  of 
the  Comptroller,  to  sell  the  steamboat  1ST.  K.  Hopkins, 
and  out  of  the  proceeds  of  the  sale  thereof  to  pur- 
chase a smaller  steamboat  for  the  use  of  the  quaran- 
tine establishment,  at  a cost  not  to  exceed  six  thou- 
sand five  hundred  dollars,  and  the  remainder  of  such 
proceeds  to  be  paid  into  the  treasury  of  the  State. 

The  corporation  formed  under  and  pursuant  to  the 
authority  of  chapter  four  hundred  and  ninety-two  of 
the  laws  of  eighteen  hundred  and  seventy,  for  the 
purpose  of  constructing  warehouses,  docks  and 
wharves  for  quarantine  purposes  in  the  bay  of  New 
York,  shall  not  be  deemed  dissolved  if  it  shall  com- 


109 


mence  its  operation  within  two  years  from  the  pas- 
sage of  this  act. 

The  Commissioners  of  Quarantine  are  hereby  au- 
thorized, in  their  discretion,  to  select  a proper  plot 
for  a new  burying-ground,  and  to  report  their  selec- 
tion to  the  Commissioners  of  the  Land  Office.  The 
C ommissioners  of  the  Land  Office  are  hereby  author- 
ized and  empowered  to  acquire  the  lands  so  selected 
in  the  same  way  that  land  is  taken  for  railroad  pur- 
poses, and  to  make  compensation  to  the  owner  or 
owners  of  such  land  ; but  it  is  hereby  provided  that 
such  compensation  shall  not  exceed  the  amount 
realized  from  the  sale  of  the  burying-ground  now 
belonging  to  the  State  at  Seguine’s  Point. 

Extract  from  Chapter  , Laws  of  1880,  entitled 

**  An  act  making  appropriations  for  certain  expenses 
of  government  and  supplying  deficiencies  in  for- 
mer appropriations.”  Passed 

For  the  Commissioners  of  Quarantine,  for  repairs 
of  the  hospital-ship  Illinois  and  the  steamboat  N.  K. 
Hopkins,  ten  thousand  dollars ; and  for  care,  main- 
tenance and  repair  of  the  quarantine  establishment, 
fifteen  thousand  dollars. 


INDEX 


Anchorage, 

Where  located, 

What  vessels  to  anchor  within, 


Sec. 
6,  8 
8,  32 


Page. 
6,  7 
8,  27 


Appeals, 

Appeal  may  be  made  from  decision  of 


Health  Officer, 

38 

31 

How  appeal  must  be  made, 

39 

31 

Decision  upon, 

39 

31 

Effect  of  Appeal,  - 

39 

31 

Appropriations, 

For  construction  of  permanent  quaran- 
tine establishment, 


Quarantine  for  care 

13  60,  75,  76» 

81,  90 

.,  1870,  - 

78 

■ 1871, 

82 

‘ 1872,  - 

90 

‘ 1873, 

95 

* 1874,  - 

99 

♦ 1875, 

103 

‘ 1876,  - 

104 

14  1877, 

106 

‘ 1878,  - 

107 

“ 1879, 

108 

‘ 1880,  - 

109 

112 


Appropriations. — Continued.  Sec. 

For  commissioners  to  confer  with  the 
State  of  New  Jersey, 

For  Health  Officer  to  pay  salaries  of  po- 
licemen, - 

For  Commissioners  of  Quarantine  for  rent 
of  leased  premises. 

For  repairs  of  steamboats  “ Andrew 
Fletcher  ” and  “ Gov.  Fenton, ” 

For  fitting  Hospital  ship  “Illinois/’ 

For  erection  of  suitable  buildings  on  West 
Bank,  - 

For  purchase  of  a steamboat, 

For  purchase  of  site  for  boarding  station 
for  vessels  from  non-infected  ports, 

For  completion  of  boarding  station  at 
Clifton,  S.  I.,  - 

For  the  owners  of  lands  on  Staten  Island, 
for  interest,  &c.  ... 

For  repairing  and  keeping  in  order  bury- 
ing ground  at  Seguin’s  Point, 

For  repairs  at  Swinburne  and  Hoffman 
Islands,  - 

For  repairs  to  steamboat  “ N.  K.  Hop- 
kins,” - 

For  deficiency  in  former. 

For  Thomas  H.  Farron,  for  materials  and 
labor,  - 

For  George  W.  Wilson,  for  expenses  in- 
curred, - - - - - 

Appropriations  to  be  devoted  to  purposes 
for  which  appropriated,  - 


Page. 


84,  88,  99, 
103 

80, 82,  88, 
96, 99,  101 

83,  89,  95 

82,  89 
82,  89,  107, 
109 

• V 

93 


97 

100 

92 

100 

107 

107,  109 

108 


84 

95,  101 


113 


Boarding  Station, 


Sec. 


What  to  consist  of,  and  what  to  be  pro- 
vided with,  - - - 8 

Lands  reserved  at  Castleton  for,  - 12 

Not  to  be  used  for  hospital  purposes,  12 

Site  to  be  selected  on  West  Bank  or  Coney- 
Island  for,  ....  i 

How  title  to  be  acquired,  - 3 

How  to  be  paid  for,  ...  4 


Page. 


7 

58 

59 

63 

64 

65 


Commissioners  op  Emigration, 


To  convey  certain  lands  to  the  State, 

Duty  of,  as  to  mortgage  on  marine  hos- 
pital, - 

Preamble  to  act,  authorizing  certain  offi- 
cials to  examine  and  report  the  validity 
of  claim  against  the  State, 

Required  to  receive  alien  passengers, 
when,  - 

Duty  of,  as  to  passengers  not  sick  but  ex- 
posed to  sickness,  ... 


51 

40 

42 

33 

85,  86, 

87, 

88 

50 

40 

58 

44 

Commissioners  of  the  Land  Office, 


Their  approval  of  site  for  warehouses,  3 6 

To  sell  marine  hospital  grounds,  &c.,  - 42  33 

Letters  patent  to  be  issued  to  purchasers,  6 68 


Commissioners  of  Quarantine, 

How  appointed,  term  of  office,  &c„  - 54  42 

Salaries,  -----  55  43 


114 


Commissioners  of  Quarantine.-- Continued. 

Sec. 

Page 

Custodians  of  the  quarantine  establish- 
ment, - 

41 

32 

When  to  hold  daily  meetings,  - 

52 

41 

To  report  to  the  Legislature  annually, 

52 

41 

To  make  rules  and  regulations, 

41,5 

32,  50 

To  constitute  board  of  appeal, 

38 

31 

Their  duties  on  appeal,  - 

39 

31 

May  license  lightermen,  stevedores,  &c., 

20 

19 

Appropriation  for  care  and  maintenance 
to  be  expended  for  repairs,  clerk  and  su- 
perintendent’s hire  and  office  rent  only. 

104, 106 

Their  expenses  how  paid.  - 

41 

37 

To  fix  and  determine  charges  & expenses, 

5 

50 

Charges  and  expenses  to  be  paid  to  - 

5 

50 

Authorized  to  commute  with  owner  or 
master  of  vessel  for  charges  and  ex- 
penses, - - - - 

5 

66 

Expenses  for  care,  treatment,  maintenance 
and  burial,  how  paid. 

5 

66 

Custodians  of  landing  and  boarding  sta- 
tion, ------ 

12 

59 

To  select  and  procure  a new  burying 
ground,  - - - - - 

78,  101,  109 

Remains  to  be  transferred  to, 

79 

Shall  pay  running  expenses  of  a steam- 
boat, &C.,  - - - - 

78,  82,  90, 

May  sell  or  dispose  of  any  hulk,  boat,  or 
hospital  furniture,  - 

96,  99 
78 

How  proceeds  shall  be  applied, 

78 

Authorized  with  approval  of  Health  Of- 
ficer to  purchase  a steamboat. 

93 

To  use  the  wreck  of  the  Andrew  Fletcher, 

93 

115 


Commissioners  of  Quarantine  — Continued. 

Authorized  to  sell  steamboat  “ N.  K. 
Hopkins,”  and  purchase  a smaller  boat. 

In  conjunction  with-to  form  commission 
for  construction  of  permanent  quaran- 
tine establishment  - 

In  conjunction  with,  authorized  and  di- 
rected to  select  site  for  temporary  struc- 
ture, - 

In  case  commission  shall  not  agree, 

To  acquire  title  to  lands. 

Lands  to  be  paid  for  out  of  proceeds  of 
sale  of  marine  hospital,  - 

Salary  of  clerk,  - 

May  appoint  physician  for  West  Bank  hos- 
pital,   

May  designate  anchorage  how. 

To  sue  for  penalties,  &c.,  - 


Page. 

108 


46 


62 

64 

64 

66 

95 

50 

6 

32 


Commissioners  for  Construction  of  Permanent  Quarantine, 


How  Board  of  Commissioners  constituted, 
To  give  a bond  to  the  people  of  the  State, 
To  render  account  to  the  Comptroller, 

To  erect  suitable  structure  on  West  Bank, 
Plans  to  be  submitted  to,  &c., 

Proposals  for  erection  of  structure  to  be 
received, 

Terms  on  which  contract  will  be  awarded, 
How  hospital  to  be  built  and  provided,  - 
Shall  cause  the  real  estate  at  Castleton, 
S.  I.,  except  a certain  portion,  to  be  sur- 
veyed and  divided  into  lots, 


46 

47 
47 

47 

48 

49 

50 
50 


53 


116 


Commissioners  for  Construction  Permanent  Quarantine. — Continued. 

Page. 
55 


Shall  have  said  property  appraised,  - 
Shall  sell  said  property  at  public  auction, 
Letters  Patent  to  be  issued  to  persons 
who  have  purchased, 

Disposition  of  proceeds  of  sale. 
Empowered  to  sell  marine  hospital 
grounds  to  the  U.  S., 

Empowered  to  sell  residue  of  such  land, 
A majority  of  Commissioners  sufficient  at 
meetings  for  discharge  of  business, 
Shall  remove  remains  buried  there  before 
sale,  ...... 

How  proceeds  to  be  disposed  of, 


Sec. 

8 

9 

10 

11 


How  to  be  sold,  &c., 


-7,  8.  9 


Appropriations  for  erection  of  permanent 
buildings  on  West  Bank,  &c., 

To  be  used  as  a boarding  station, 
Commission  for  construction  of  perma- 
nent quarantine  abolished.  Duties  de- 
volve on,  ..... 


55 

56 
57' 

67 

68 

71 

71 

71 

68,  69,  70, 
71 

60,  75,  76, 77, 
81,  90,  91 
75 


94 


10 


Diseases, 


What  are  quarantihable, 

What  patients  are  to  be  sent,  - 


11 

24 


10 

16 


Deceased  Persons, 

Where  to  be  buried,  - 
Their  effects,  how  disposed  of/ 


27 

27 


21 

21 


117 


Expenses, 

Incurred  by  Health  Officer,  by  whom  paid, 
Storage  of  merchandise  to  be  paid  to  Quar- 
antine Commissioners, 

Charges  for  services  to  be  fixed  by  Quar- 
. antine  Commissioners, 

How  collected,  - 


Floating  Hospital, 

How  constructed,  - 

To  constitute  part  of  the  quarantine  estab- 
lishment, - 

When  and  where  anchored,  &c.,  - 
To  be  used  as  a boarding  station,  - 
What  diseases  to  be  treated  on  board  of, 

Employees,  by  whom  appointed, 

Health  Officer, 

How  appointed,  qualifications,  &c.. 

Duties  and  powers  of,  - 
Appoint  deputies,  - 
Oath  of  office,  - 
What  vessels  to  board, 

To  report  sick,  and  of  what  diseases,  to 
Quarantine  Commissioners, 

May  administer  oaths, 

To  call  upon  police  force  in  an  emergency. 
May  direct  arrest,  - - 

May  confine  persons  charged  with  offences 
Duty  in  presence  of  danger. 


Sec. 

Page. 

30 

21 

30 

24 

30  • 

24 

31 

25 

7 

7 

2 

5 

7 

7 

8 

7 

24 

16 

26 

19 

25 

16 

26 

17 

26 

19 

27 

20 

27 

20 

2 

20 

26 

17 

26 

18 

26 

18 

48 

39 

37 

30 

118 


Health  Officer.  - Continued . 

To  pay  for  policemen  appointed  by  him, 
Special  powers  of,  " 

May  select  nurses,  &c.,  - 

With  Quarantine  Commissioners,  to  li- 
cense lightermen,  stevedores,  &c., 

To  receive  any  vessel  dangerous  to  health, 
Disposition  of  yellow  fever  cases. 

To  have  yellow  flag,  - 
Duty  of,  as  to  vaccination, 

Fees  and  disbursements  - ' ' 

To  inform  Boards  of  Health  of  N.  Y.  and 
Brooklyn,  - - " . . 

Action  in  case  of  appeal  from  his  decision. 
Premises  leased  for  residence  not  exempt 
from  taxation,  - 

Disposition  of  deceased  persons. 

Effects  of  deceased  persons, 

To  pay  all  expenses  of  quarantine  estab- 
lishment incurred  by  him, 


Sec. 

28 

26 

26 


10 

53 

39 


Page. 

104 

22 

19 

19 

?2 

22 

22 

10 

41 

22 

31 

92 

21 

21 

104 


JUBISDICTION, 

In  any  action,  either  civil  or  criminal. 


Lettebs  and  Papebs, 
Purification  of, 


14  12 


Liens, 

How  enforced, 

On  vessels  under  Quarantine, 


57 

- 28,31,46  23,25,38 


119 


Sec. 

Page. 

Lighteemen, 

By  whom  licensed,  - 

- 26,29 

19  23 

Their  compensation,  how  fixed, 

26 

19 

Repeal  of  Chap.  492,  laws  of  1870,  - 

106 

Mastebs  of  Vessels, 

Duties  and  liabilities  of, 

- 32,  33 

27,  28 

To  provide  for  passengers,  when, 

47 

38 

Merchandise, 

Classes  subject  to  Quarantine, 

How  disposed  of, 

Purification  of. 

Displacement  of,  on  board  vessels, 


12 
13,  21 
22 
16 


11 
11,  15 
15 
13 


Offenses, 

What  are  declared  to  be  misdemeanors,  - 
Jurisdiction  of,  - 
Punishment  for,  - 

Jurisdiction  of  any  action,  criminal  or 
civil,  - 

Encroachment  on  property  of  boarding 
station  a misdemeanor,  - 


29 

39 

43 

51 

59 


Passengebs, 

How  and  by  whom  to  be  provided  for, 

Alien,  how  provided  for,  - 

That  have  been  exposed  to  sickness. 


38 

40 

44 


120 


Sec. 

Penalties, 

How  recovered,  - - - 40 

Pilots, 

Duties  in  relation  to  vessels,  - - 34,  35 

Permits, 

Required  before  leaving  quarantine,  - 18,  36 
When  and  where  to  be  delivered,  - 18,  36 

Police, 

May  be  called  on  in  an  emergency,  - 26 

Health  Officer  to  appoint,  &c.,  - 


Peatique, 

What  vessels  may  be  admitted  to,  - - 16,  17 

POET-W ARDEN — SPECIAL, 

How  and  when  appointed,  - - 11 

Powers  and  duties,  ...  11 

Quarantine, 

Authorized  and  established,  1 

What  to  consist  of,  2 

What  vessels  suoject  to,  - 9 

Classes  of  merchandise  subject  to,  - 12 

Grounds  to  be  sold,  - - - 42 


Page. 

32 


28,  29 


13,  30 

14,  30 


18 

104 


13 


72 

73 


'5 

5 

8 

11 

33 


121 


Sec.  Page. 

Construction  of  the  Quarantine  Establishment, 

Temporary  structure  to  be  erected  on 


West  Bank  for  detention  of  persons  ex- 


posed,  - 

1 

62 

How  lands  for,  to  be  acquired,  - 

1 

63 

“ Swinburne  Island  ” designated,  - 

91 

Salaries, 

Of  Employees,  how  fixed, 

44 

36,  95 

Of  Commissioners  of  Quarantine, 

55 

43 

Sanitary  Measures, 

What  kind  may  be  resorted  to, 

16 

13 

Purification  of  Clothes,  - 

23 

14 

Vaccination,  ■ 

When  required  and  regulations  concern- 

ing, ------ 

10 

10 

Vessels, 

What  subject  to  quarantine, 

9 

8 

Boarding  of. 

27 

20 

When  detained,  - 

15,  18 

12,  13 

When  admitted  to  pratique, 

17 

13 

Infected  vessels,  measures  to  be  adopted, 

20 

15 

May  be  removed  from  the  city  to  quaran- 

tine, ------ 

46 

37 

Anchorage  for,  under  quarantine, 

6 

6 

Must  have  written  permission  to  leave,  . 

18 

14 

May  put  to  sea  before  breaking  bulk,  - 

19 

14 

Liens  on,  - 28,31,46 

22,  25,  37 

122 


Sec.  Page. 

Wharves, 

How  constructed,  5 

Their  capacity,  - 5 

Floating  hospital,  when  moored  at,  - 7 


Warehouses, 

Where  to  be  constructed,-  • 

Capacity  and  mode  of  construction. 

What  merchandise  to  be  landed  at, 

Storage  in,  by  whom  paid, 

Corporation  may  be  organized  to  erect 
suitable  warehouses— time  extended,  - 


3 6 

4 6 

13  11 

30  24 

79,92,98,102, 
106,  108 


Wet  Docks, 

How  many,  and  size,  - 


5 


5 


— 


